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Do People Actually Abuse the SSDI System?

December 2, 2019

The ongoing rumor for a number of years is that perfectly abled people spend time collecting SSDI. Then they put a drain on the local economy, resources and can even impact other’s ability to access SSDI. There is some truth because, for any government system, there are people who will try to take advantage. However, Wisconsin’s handling of the disability system is not something that is easy to manipulate. In fact, many people who need disability for short or long term purposes have trouble getting the benefits they need. Experienced SSDI attorneys can help these individuals.

Why It’s Hard to “Play” the System

Do people abuse the Social Security Disability system? Probably, but it also probably doesn’t affect you at all. The Social Security office has a zero-tolerance policy on fraud, and they don’t hesitate to investigate either. Many people who are on disability and need those benefits have likely gone under investigation and may not have even known.

The Social Security office even has full divisions in place to stop fraud before it can actually happen. These divisions do rely on state and city law enforcement. So there is a drain on your local economy from the people attempting to commit SSDI fraud. However, the good news is that in 2018, the fraud incidence rate was lower than 1%.

That fraud rate dropped significantly over the last decade or so, largely because of the full-scale investigations program, and the many eradicating fraud teams that work on local levels.

Focusing on Improvement Rather that TPD

Aside from the investigative teams working to stop fraud, it’s also difficult to defraud this particular system. Disability claims require not only notes from medical staff, and the acknowledgment of the disability from a doctor but medical evidence as well.

In other words, medical evidence, within your medical records, needs to show a few key things. First, it must show where your injury started. You cannot simply show up at your doctor and complain of shoulder pain. No, you need to explain when the pain started, and what likely was the reason for the injury. Second, you need to show that you’re attempting to rehabilitate it through therapy, surgery, or doctor-ordered rest. Finally, you need to show a medical response to your doctor’s orders. You need to show that you followed your doctor’s advice and that it had some effect on the injury.

Doctor’s largely avoid making claims of Total and Permanent Disability expect in extreme situations. Even cases where someone loses a limb, it’s often not considered a total disability. That person may be on disability for years while they learn to adapt to a new way of life. However, the Disability office still expects them to obtain gainful employment and continue on.

Denial Rates and Time Spent Appealing

Wisconsin has about a 70% denial rate for initial SSDI applicants. That spurs many people to work with an SSDI lawyer or disability attorney in an effort to go through the appeals process quickly. However, many people become concerned that involving an attorney will make it look like a fraud attempt.

That’s not really the case. The time that people spend trying to get their application in on time, and processing their appeals is what you might spend at a full-time job. Not only do you need to go through the application online, but you need to gather all of your medical evidence, update your medical documents, and keep up with your recovery plan.

Often people receive a denial because their current condition doesn’t reflect their submitted information. That’s reasonable if you consider that a person could substantially recover in the 6 to 8 weeks that it takes for the office to process their paperwork. Other things, such as incomplete applications or incorrect applications,  largely contribute to the denial rate.

But many people completely give up when they begin the appeals process. Unlike other states, Wisconsin does not process appeals quickly, or easily. In fact, putting in appeals and going through the process will likely take away from the time you should spend on your recovery.

If you are spending time with a rehab therapist, attend doctor’s appointments, and stabilize your life, an appeal seems impossible.

Contact the SSDI Attorneys at Tabak Law for Real Help

Tabak Law makes it possible for people to obtain the legal help and guidance necessary. Navigating the disability system is not easy, largely because of the concern of fraud. That means that it’s hard for anyone who actually needs these benefits to access them in a timely manner. Call the experienced SSDI attorneys at Tabak Law for help now.

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