WHY SOCIAL SECURITY DENIED YOUR CLAIM
- The Forsythe Firm
- Aug 31, 2023
- 2 min read
Updated: Sep 17, 2023
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Social Security denies most claims, even good ones. Social Security usually explains their denial in one of two ways:
1. You are not disabled under Social Security rules, (or)
2. You are not able to perform past work, however, you are able to perform other (easier) work.
Rules for Social Security disability are very strict. It is difficult to meet the eligibility requirements of SSDI. The program is simply designed that way.
Social Security's definition of "disability" is: the inability to perform any full-time work because of a severe medical and/or mental impairment that has lasted or is expected to last at least 12 consecutive months OR to end in death.
It takes an incredible amount of objective medical evidence to convince Social Security that you cannot work at any job.
Even with good medical evidence, the odds are stacked against you. Statistics show that over 75 percent of applications are denied at the first stage of review, and about 90 percent are denied at the second stage or "Reconsideration" level.
Usually, only catastrophic impairments are approved in the first 2 stages. For example, if a claimant has 2 limbs amputated, has stage 4 cancer, or some other obvious disability, these may get approved in the early stages. Most claimants, however, will be denied because their disability is not as obvious, not as easy to prove. You will probably have to appeal twice to get approved and paid.
What's the Secret to Getting Approved?
The "secret" is really not a secret. Don't give up. Appeal every denial to move the claim up the hierarchy in the system. Finally, on your third try, you will come before an Administrative Law Judge (ALJ) for a hearing. If you have good medical evidence and a good lawyer the judge may approve benefits for you. Approval seldom happens until you get before a judge. It's the way the system works.
SUMMARY: The Social Security disability system is difficult, long and tiring. Many claimants give up rather than fight to the finish. Those who appeal, appeal and appeal to get to a judge are the ones that often get approved. Most claimants will not be successful without legal help because the system is technical, hard to understand, and requires legal proof of disability within the regulations of the Social Security Administration.
Get a lawyer, appeal denials, and stay the course. Unfortunately, it often takes 2 years or longer to get approved.
*Note: An appeal is not the same as filing a new claim. An appeal takes your case upward--up the chain of command--until you get to a judge. Filing a new claim is spinning your wheels and gets you nowhere.
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Contact the Forsythe Firm in Huntsville, AL. (256) 799-0297. You will get a fast, free review of your case and we may offer to represent you with NO FEE unless you win.
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