Skip to main content

WHY SOCIAL SECURITY WON'T PAY YOU A DISABILITY BENEFIT


 

Why does it take years to get Social Security to pay a legitimate disability claim?  Why does up to 80 percent of disability claims get denied?  Why must you go through 2 or 3 lengthy appeals to get the money we all know you deserve under the law?

The most common reason Social Security denies claims is failure to prove that you are disabled under the Social Security rules.  The two key phrases are:  prove disability, and under their rules. 

There must be solid, objective medical evidence that proves you are not able to work.  Some would say that this evidence must be so overwhelming that nobody could deny it.  Social Security certainly will deny it if they can.  You must have your doctor(s) on board.

Also, the definition of "disabled" under Social Security is very, very strict.  You must be unable to perform any work which exists in the U.S. economy.  Unlike many other disability programs, the only people Social Security pays are persons who cannot work due to a physical and/or mental disability.   Thus, you must prove 2 things:

  • Your condition is so SEVERE that you are totally unable to work at anything.

  • Your severe condition produces symptoms that prevents work-like functions.

    Why are you unable to work?  It is because you have restrictions in sitting, walking, standing, reaching, lifting, pushing, pulling, grasping, handling, speaking, remembering, understanding, concentrating?  Why can't you work?

    The Social Security rules are very demanding and very strict.  You must know the definitions, exceptions, demands and loopholes in the rules.  Most people don't, so they hire a Social Security attorney or advocate who does. That attorney/advocate will set out to find and present evidence to meet the rules.

    Social Security disability was established in 1935 with rules meant to be difficult, discouraging and laden with denials.  Only those claimants with the most severe disabilities, and who persisted for years, could be benefits.  That was, and still is, intentional.  They don't want to pay you a benefit.

    Get a lawyer, get the evidence and appeal, appeal, appeal your way to the top.  If you do that, you have at least a 50/50 chance of getting your benefits.

    _____________

    Need help?  The Forsythe Firm has helped hundreds of individuals get disability benefits for decades.  Experienced professionals who only get paid if you do.  Free consultations.  Tough enough to win, sensitive enough to help. (256) 799-0-0297.

     

     




Labels:

Comments

Post a Comment

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...
Post a Comment
Read more