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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.


 

 

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