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IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

 

How hard is it to get Social Security disability (SSDI) in Tennessee?

It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles.

What's the usual reason for an SSDI denial?

If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules.

The 2 main explanation for finding claimants not disabled are:

1.  You are able to perform some of your past relevant work.

2.  You can't perform any of your past work but you are able to do other work.

Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial.  The claimant's condition is not deemed severe enough to prevent all work.

There are other reasons for denial:

1.  The claimant is still working at Substantial Gainful Activity (SGA) when the application is filed--or after the application is filed.

2.  The claimant's impairment is not going to last for at least 12 straight months, or to end in death.  (Duration requirement). 

The truth is, Social Security was set up to be deliberately slow and difficult.  It was never meant to approve the majority of individuals who apply for it.  The first stages of the application process is, frankly, a weeding out process.  It eliminates claimants who don't have an obvious and severe disability.  I believe the majority of denials are errors--that is, claimants who really are disabled and who really do qualify for benefits get denied. systematically.

When these errors occur, is there a system in place to correct them?  Yes but it's not quick or especially easy.  The appeal system will eventually correct many of these erroneous denials and award benefits. But it can take up to two years and require the assistance of a disability attorney/advocate.  Again, it seems to be planned that way.

What's the Best Advice for a Claimant Who Has Been Denied?

Appeal quickly.  There is a strict time limit to file and appeal.  An appeal MUST be filed within 60 days of the denial date.  If you wait longer, you lose the chance to appeal and have your claim reviewed by higher authority.

Why Not Just File a New Application and Hope for Better Luck?

 There are 3 reasons why a new application is usually not the best way:

  • A new application is most likely going to be denied, too.  The same examiners look at the same information and reach the same conclusion:  you are not disabled.  
  • Also, a new application will waste an additional 12 to 18 months while you literally start over:  a pure waste of time.
  • It will also cost you money by losing at least part of your past due benefits. 

 Unless there is an overwhelming reason, file an appeal--not a new application!

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 Do you need help getting approved for Social Security disability?  Have you been denied within the past 60 days?  Make a free call to a Social Security disability expert at the Forsythe Firm in Huntsville.  You will receive a free, no pressure consultation about your best options.  It's as easy as a phone call.  (256) 799-0297 or (256) 503-8151.

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