WHY SOCIAL SECURITY DISABILITY CLAIMS OFTEN FAIL

"Social Security denies most claims for disability benefits.  There are common, recurring reasons for these denials."

Here are the most common reasons why Social Security disability claims are not approved.

  • The claimant has not worked enough, or has not worked recently enough, to be covered by Title 2 of the Social Security Act.  No coverage, no benefits.
  •  There has been inadequate medical treatment, therefore, inadequate medical evidence to prove a disability.
  •  The claimant fails to show how their medical impairment (condition) restricts their ability to perform specific work activities--standing, walking, sitting, bending, lifting, concentrating, etc. Medical records are often not enough to do this.
  •  Social Security assigns an erroneous or overly optimistic residual functional capacity.  In simple terms, Social Security takes the position that even if the claimant cannot perform medium or light exertion level work, he or she can still perform sedentary work.  This usually equals a "Step 5" denial for claimants under age 50.
  • Social Security will admit that you can't perform any of your "past relevant work," but will claim that you are able to perform some other work which exists in the national economy; that is, you can do easier work.
  •  For claimants under the age of 50 (and sometimes up to age 54), Social Security will pick the least demanding job that you have performed during the past 15 years and make the case that you are still able to perform that work.  For instance, if you were a receptionist 14 years ago, they may claim that back trouble doesn't prevent that work because it involves no prolonged standing, bending or lifting.
 

Comments

  1. Charles W. ForsytheJanuary 22, 2016 at 7:16 PM

    Looking for problems in a Social Security disability claim, and solving them, is the main job of a disability advocate or representative. Try to close the loopholes, dot each i and cross each t. Match the case to the federal regulations. Provide sufficient evidence. It's more hard work than genius.

    ReplyDelete

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