10 REASONS DISABILITY CLAIMS GET DENIED

Social Security denies up to 80 percent of disability applications.  Here are the top 10 reasons why claims are denied:

1.  Lack of Medical Evidence.  The law requires objective medical evidence of a severe impairment that makes it impossible to work a full-time job.  Without this hard evidence the claim cannot be approved, even if the judge believes you are disabled.

2.  Incomplete Claim Forms.  Every application that I've reviewed that was submitted by the claimant is incomplete in some way.  Most claimants skip questions or fail to complete every form they are sent.  Most common problems are with the Work History Report.  I don't think I have ever seen a complete Work History Report completed by the applicant.  The Function Report often suffers.  This is not the time to cut corners.

3.  Disability Won't Last 12 Straight Months.  Social Security does not cover a period of disability that lasts less than 12 consecutive months. 

4.  Claimant is still working.  If you are still working at substantial gainful employment when (or after) you file your disability claim, it gets a Step 1 technical denial.  You cannot work and get disability benefits at the same time, no matter how sick you are.

5.  Been Denied Before.  Many applicants get denied, then choose to file a new application.  The second application is nearly always denied, too.  It's usually much better to appeal the denial than file a new application.  An appeal takes you up the chain of command--to someone who can give you a new and better decision.  New applications often accomplish nothing (spinning your wheels)!

6.  Under Age 50.  Some claimants under the age of 50 do get approved, but only if they have very severe and obvious impairments.  Individuals age 50 and over have an easier time.

7.  Failure to Cooperate.  Getting disability benefits is a long process.  You will need to cooperate by completing all forms (and some of them are long), attending any scheduled exams, returning phone calls, answering questions, appearing at hearings on time, etc.

8.  You Can Do Easier Jobs.  Even if you can't do the work you have been accustomed to, you may be able to work at an easier job.  For example, you are not able to continue as a construction worker, but you could work at a sedentary (sit down) job or a light job (with no heavy lifting).  Social Security will find you not disabled because there is some work you could still perform.  This is particularly a problem for claimants under the age of 50.

9.  Stopped Working for Something Other Than Disability.  Social Security only covers one thing:  the inability to work due to a physical and/or mental impairment.  If you stopped working to care for a sick family member, because you had a fight with your boss, weren't making enough money, or went back to school--Social Security sees that as quitting work for "non-disability" reasons, which are not covered by the Social Security Act.

10.  Failure to Get Legal Help.  Disability attorneys and advocates understand the process, the requirements and stipulations.  They know what evidence is required to prove your case.  But can you afford legal help?  Yes, because you pay nothing up front and work off a contingency fee agreement.  You agree to pay a fee only if your case is successful and results in past due benefits.  If your case fails, or if there are no past due benefits, you cannot be charged a fee, according to Social Security regulations. If you don't win, you don't pay.

__________________

The Forsythe Firm

Social Security Counselors

7027 Old Madison Pike, Suite 108

Huntsville, AL 35806

"Across From Bridge Street"

CALL (256) 799-0297

FREE CONSULTATIONS

We work for you.  Not affiliated with the Social Security Administration or the US Government.