Will Taking a Trip Derail Your Disability Claim?
Consider for a moment these examples of actual travel situations among the clients we have represented who were applying for Social Security disability benefits:
Case #1: A client who was seeking disability benefits based solely on mental health issues. When we called him, he was about to get on an airplane.
Case #2: In the past year, a client who had trouble standing and walking due to arthritis twice visited Machu Picchu, high in the Andes Mountains in Peru, while their case was pending.
Cases #3 & #4: We have had two other disability applicants ask for their hearings to be postponed because they had a cruise booked for their hearing dates.
Do you think it is likely that these travels could make it harder to qualify for benefits? Travel, by itself, won’t disqualify you from being awarded benefits. Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits does not automatically mean you are confined to your home. In many cases, you can travel, take a vacation, or visit family while your case is being processed, without it portraying any inconsistencies with your disability claim.
However, that does not mean that every trip is risk-free. The Administrative Law Judge (ALJ) who will decide your case will take into account your daily functioning and your travel will be considered as part of the overall picture. Many judges will ask about your out-of-state travel since you filed for disability benefits. If your vacation appears inconsistent with your medical restrictions and your reported symptoms, it may damage your case and may result in a denial of benefits. Before you book a trip, we encourage you to discuss your vacation plans with your disability attorney. Together we can review how your trip aligns with your medical restrictions and how your travel might affect your case.
“If you do travel while your disability case is pending, it’s important to keep track of the difficulties you had while away,” explains Nash Disability Law attorney Lawrence Mabes. “Keep a disability journal and show it to your doctor so that they document what went wrong. For example, did you need a wheelchair at the airport? Did you need help with certain activities? Your journal must be credible. Once we had a client say they went to Disney World but spent the entire time in their room. That is unlikely.”
Finally, be cautious with your social media posts about your trip and what they may say and show about your ability to function. Online posts can easily create an inaccurate portrayal of your medical condition.
The road to winning Social Security disability benefits is long and hard to navigate. Expert representation can improve your chances of being awarded disability benefits. A Government Accounting Office study revealed that if a claimant had a representative such as an attorney, they were three times more likely to be allowed benefits than someone who had no representation at all. The Chicagoland disability attorneys at Nash Disability Law stand ready to fight for your rights. Call or email us for a free evaluation of your case. We have offices in Chicago and Palos Hills to serve you. Contact us for a free evaluation of your situation.
