According to Social Security’s most recent statistics, over 66 % of claimants have to go to a hearing before an Administrative Law Judge regarding their social security disability application. But why are so many cases denied? Here is our list of the Top 5 Reasons your Social Security Claim was denied:
1. Your Medical condition is not severe enough or has not last long enough.
Social Security reviews your medical records and compares your conditions against a set of laws, called the “listings,” which when met automatically qualify you for benefits. If you do not meet the listing then your case is often denied.
2. You have not been off work long enough or you are still working.
Often times claimants are working full time or even part time. Our experience has been that if a claimant is work, even minimally, that this can be a reason for a denial of your Social Security claim. It casts doubt as to whether you are truly disabled.
Remember you can apply for SSDI or SSI immediately after you stop working. However, to be considered disabled, you must be expected to not able to work for at least one year.
3. You do not communicate with Social Security.
Social Security will send a variety of questionnaires to both you and family members or friends. You may also receive letters asking you to contact them to answer additional questions about your work history, medical treatment and limitations. Or they may send you to a consultative exam. Often times claimants simply ignore the paperwork, or fail to keep Social Security advised of changes in their address and phone number.
4. Social Security does not have all of your medical records or treatment.
Related to #3, often times Social Security will deny claims because they do not have all of your medical records. This could be a result of your doctor or the medical facility not responding to Social Security’s request for records. It could also be that Social Security was not made aware of your recent doctor’s visit, test or hospitalization.
5. Lack of treatment or not following the prescribed treatment.
Often times, social security denials are because the claimant has not been treating with his or her doctor so there is not enough evidence to support a favorable outcome. Other times, claimants are not following the doctor’s recommend course of treatment and not trying to get better to re-enter the workforce. Social Security may deny the claim because a claimant is not trying to help himself or herself.
If you have filed your Social Security Disability application and been denied, contact us now for a free initial consultation to see if your denial should be appealed.
