29 April, 2020

Understanding Why Your Social Security Disability Claim was Denied

First, lets talk about the process for just a moment.

When you file for disability it goes to the Disabiliity Determination Service. Its a state agnecy that has a contract with the Social Security Adminsitration to administer the application. This is not the Social Security Administration. Ever state has one. A majority of the folks who apply are denied. However by hiring an attorney to help with the inital application you stand a better chance of winning. 

Once denied, the only option is to request reconsideration. That is where the person, in my opinon, who sits next to the person who denied you in the first place sits, So there is a good chance that recosideration will result in a denial again. 

Once reconsideration is complete and a denial is issued, then you must appeal your case to go before an adminstrative judge. That can and usually does take from a year to two years depending on the backlog.

Now, after reading thousands of denial letters over the past 20 plus years, here is my take on why most folks are denied. 1st. they are under the age of 50. the criteria for disabiliity for foks under 50 is, and this is my definition, there can be no job in this world they can do. So you can expect a denial. Having attorney will help you develop the case a this level with medical evidence and opinion sources. The second reason is folks don't have any medical treatment. Yes, i know you have to have money to get the treatment in the first place. However, the sad fact is disability is not the inability to pay your bills, put food on the table or even pay for medical treatment. No medical treatment and the proper diagnostics and for sure no approval for benefits. Again here is where an attorney can help you. For example, you have pain and numbness running down your back because of herniated dics. Better have an MRI showing that and if you have such pain running down your legs, make sure to get a nerve study. that's the input an attorney can help you with. and finally, the third reason i see people who are denied is they have some medical treatment for physical problems, but also allege mental health impairments with not mental health treatment. So there you have the first Blog on cliffhilllaw.com, more to come, ch