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

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more