215 N. Howard Avenue, Suite 101 Tampa, FL 33606
SOCIAL SECURITY DISABILITY
APPEALS PROCESS
-
Why Would Someone Be Denied Social Security Disability?
How Common Is It For The First Application For Social Security Disability To Be Denied?
Nationally, at the initial level, there is a thirty-three percent approval rating. At the reconsideration level, there is only an eleven percent approval rating, but at the hearing level nationally, it is sixty to seventy percent approval. I believe that this is in part due to the fact that people do not always have attorneys when they begin the process, but most people will hire an attorney before they actually attend a hearing.
What Are The Most Common Reasons For Initial Denials At Each State?
The most common reason for a denial is lack of medical evidence. It is important to receive continuous medical treatment, document your impairments, pain etc. Everything has to be documented for diagnostics to show the problem objectively and not just subjective complaints of pain. If you have not received medical treatment generally within two to three months of your application, you will most likely be set up for what is called the consultative examination through the social security administration.
The consultative examination is an evaluation that is performed by a physician that is appointed and paid for by the social security administration. Therefore, the results are generally not favorable to the claimant and they do not have the benefit of seeing the person for over a period of time. Usually, it is one visit, a few minutes in length or maybe an hour that they are basing their opinions regarding that person’s disability.
Another reason for a denial is that the claimant has sent various forms and is requested to provide information to the social security administration. A lot of times, that can be overwhelming for individuals that are going through this, trying to get medical treatment for their disability and being unable to work. It becomes overwhelming and they fail to provide the information or return the completed forms. Another reason is that clients start working again. Even if it is part-time work, it can and does affect the disability determination.
What Does It Mean If You Are Denied For Disability Because You Can Do Other Work?
This means that the social security administration has determined that although you may not be able to do the work that you have performed in the past, you are still capable of doing some other work that may be lighter in capacity in the national and local economy. Some examples of that kind of work can be construction work before and now you have a back injury. In that case they will say, “Well, we don’t think that you can do that heavy construction anymore, but you may be able to be a Wal-Mart greeter or an assembly line worker or a tollbooth collector”. Those are all jobs that you can have an option to sit and stand and do not require lifting”.
Call Franco Law Group P.A. for a FREE Consultation and get the information and legal answers you’re seeking.