Skip to main content

WHY YOUR SOCIAL SECURITY DISABILITY CLAIM WAS DENIED

It's no secret that Social Security denies most disability claims.  In fact, around 8 out of 10 new applications will be denied this year.

 
Why these dismal denial rates?

The main reason for denials is that Social Security rules require

  • Complete, total disability (a complete inability to work)
  • Inability to work at ANY job, not the one(s) you have done
  • A lot of objective medical evidence from your doctors
  • A residual functional capacity stating why you can't perform work-like activities (sitting/standing/walking/lifting/reaching/bending, etc.)

Besides that, a claimant needs a lot of luck to be approved in the initial application process.  The early process is one of elimination or weeding out.  When there is any doubt whether a claimant meets all the rules, the claim is denied.  There are a lot of things going against the claimant at this early level.  Among the factors considered are:  age, education, past work experience, and severity of impairment(s).

The second level is called "Reconsideration," and this is the first appeal.  The approval rate here is even lower--somewhere around 10 to 12 percent.  In most cases, "Reconsideration" proves to be a waste of time; however, it is required to continue with your claim.

How can you improve your odds of getting an early approval?

1.  * Get a skilled attorney or advocate who knows the process well.

2.  Provide Social Security complete information about your disability, include names/addresses of ALL doctors or medical providers.

3.  Provide very detailed information about every past job you have held within the past 15 years (2008 - 2023).

This will include how much sitting/standing/bending/lifting/crouching/crawling/kneeling/climbing on each job (Work History Report).

4.   Get your doctor to provide a written Residual Functional Capacity (RFC) form.  Social Security will not obtain this and it will not be included in your medical records.  You or your lawyer must go after it!

5.  Meet all deadlines and return all forms or questionaaires on time.  Make sure each form is extremely complete and detailed.

__________

* A government study by the US General Accounting Office (GAO) finds that 60 percent of claimants win when using an attorney or qualified advocate. However, there is only a 31 percent approval rate for those who do not have an attorney/advocate.


 

 

Comments

Post a Comment

Popular posts from this blog

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
Post a Comment
Read more

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

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more