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WHY DISABILITY CLAIMS ARE DENIED

The Social Security Administration (SSA) is the largest provider of disability benefits in the United States.  Each year up to 2 million people apply for some form of Social Security disability.

It is estimated that 1 out of 4 Americans will suffer a disability before reaching full retirement age.  This often leaves the individual out of work and without a sufficient source of income to meet basic living expenses.

Of claimants applying for Social Security disability (SSDI), only about 28 percent will be approved. Why are so many claimants denied?  Here are the major reasons:

1.  The claimant doesn't meet Social Security's strict definition of "disability."

2.  There is not clear medical evidence to support the allegation that the claimant cannot work.

3.  Claimant's often make errors in their application, or file incomplete applications which result in denial.

Doctor's records are at the focus of a Social Security disability claim.  Often those are not enough to get a claim approved.  The problem is that most medical records do not show how the patient is functionally limited.  In other words, the records won't show how much the patient can lift, how long (s)he can sit, stand or walk--or other restrictions which may prohibit or limit the ability to work.  That will require additional, very specialized information.

Unless the claimant has a very specific and severe condition that meets/equals a Listing, or is listed on Social Security's list of Compassionate Allowances, benefits are not awarded based on having a particular medical condition.  Awards are made based on how the medical (or mental) condition restricts the ability to perform work activities.  It's all about function.

The good news is:  a majority of denied claims can be reversed and won by appeals, especially since a lawyer usually represents the claimant in the appeals process.  The General Accounting Office finds that claimants who are professionally represented are awarded benefits twice as often as those who are unrepresented.

For sure, the appeals can take a long time -- up to 2 years.  However, many disabilities will last a lifetime.  It's worth fighting for benefits.  More good news is that past due benefits (back pay) can be recovered if the appeal is finally successful.

The Forsythe Firm in Huntsville, AL has experience in handing Social Security disability claims and appeals.  They have an excellent track record of recovering benefits for claimants who were previously denied one or more times.

If you are tired of fighting Social Security alone, contact the Forsythe Firm, or another experienced advocate group for help.  You won't pay a fee unless you are awarded past due benefits or "back pay."

 

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