Thursday, August 22, 2019

TOP 5 REASONS SOCIAL SECURITY DENIES DISABILITY CLAIMS

The chance that your disability application will be approved at the initial level (without appeal) is low.  Here are the Top 5 reasons why Social Security denies disability claims:

1.  Lack of Hard Medical Evidence.  The law requires that you prove that you are unable to work.  This requires medical records to document the severity of your impairment and how it affects your activity level.  What Social Security prefers to see is X-Ray, MRI, CT scans or laboratory tests proving your medical condition.  If the medical records are skimpy or unpersuasive, a denial will always result.  Be sure you advise Social Security of all the doctors, hospitals, clinics, psychologists, counselors or other medical providers who have treated you.  They only order records from providers that you tell them about.

2.  Working After the Alleged Onset Date.  If you work after the date you claim to have become disabled, it often triggers a denial.  For example, you claim that you became disabled in April but worked through October, it tells Social Security that you were not unable to work back in April.  (It doesn't help to argue "I worked but I wasn't able to work").

3.  Failure to Comply with Medical Advice.  If your doctor has prescribed medication, physical therapy, counseling or other treatment that you have not done, it may hurt your case.  Social Security wants to see claimants doing everything possible to improve their conditions.

4.  Missing Deadlines.  Your claim may be denied if you fail to file applications, return forms or complete questionnaires on time.  While Social Security is very slow and doesn't ever get in a hurry about paying benefits, they still expect the claimant to do everything in a timely manner.  

5.  Being Uncooperative.  For example, if Social Security schedules an appointment with a doctor and asks you to take an examination, you should keep the appointment and be on time.  If you fail to show up for the appointment (or show up late) Social Security will consider this "uncooperative" and may deny the claim. 

In spite of your doing everything right, Social Security will still deny about 75 percent of all claims.  When this happens, you must file an appeal of their decision within 60 days.  After 60 days, you lose the right to appeal.  Many claims that are denied can be won with an appeal.  You may want to get an attorney/advocate to help you with the appeal.
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US:  (256) 799-0297

 

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