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Dan Wimmer, Social Security Disability Attorney
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By Dan Wimmer

My Social Security Disability Claim Has Been Denied

Filing a Social Security disability claim is not a casual walk in the park. It is an uphill battle. If you have filed and received a letter with "claim denied" stamped across the top, your fight is not lost. In many states, most initial claims are denied, so you are far from alone.

Most people are shocked by a denial. You submitted medical records diagnosing your condition, so what more could be needed? Attorneys ask the same question. A denial letter gives a reason, but the reason often does not match what the records actually show, and it rarely answers the question that matters most: what do I do now?

First, do not give up, and do not immediately file a brand-new application. There is usually a better option. If your claim was denied, you generally have only 60 days to appeal, and appealing is almost always the smarter move. We can help you take that next step.

Second, claimants who have representation are more likely to be approved. Some published figures suggest represented claimants fare substantially better than those who go it alone. Why that is true depends a lot on why your claim was denied in the first place.

Here is the point people miss: there is more to disability than a diagnosis. Plenty of people work full time with a diagnosed condition. Being diagnosed with, say, carpal tunnel or arthritis is a starting point, not proof that you cannot work. The real test is whether your condition prevents you from working, and under Social Security’s rules the burden of showing that is on you.

Third, medical records often leave out the very details that would prove you cannot work. Many people in serious pain simply do not know how to describe their symptoms in a way that lands during a doctor’s visit, and the same thing happens at a hearing. As a result, the true impact of a disability never makes it into the record. We give our clients a session on how to discuss their pain, symptoms, and limits so those details are captured.

A Medical Source Statement helps here too. It lets your doctor give an opinion on the nature and severity of your limits, which helps Social Security focus on the issues that matter. That focus is valuable, because disability files can run 500 to 1,000 pages, and important details are easy to lose in that volume.

A disability attorney reads every page, looking for weaknesses to fix and strengths to highlight, and adds new evidence before filing an appeal. Well-supported appeals that squarely address the five-step evaluation at the hearing level have a meaningful chance of success, and knowing how to address each step is a big part of the job.

Claims are denied for many reasons: insufficient or late medical records, incomplete paperwork, conflicting statements, missed deadlines, or non-medical issues like work credits or income. Whatever the reason, the goal of an appeal is the same: present a stronger, better-organized case that connects your condition to your inability to work. If your claim was denied, call us for a free evaluation and we will look at what went wrong and how to fix it.

Talk with Dan about your claim

Every consultation is free, and there is no obligation. You pay no attorney fee unless your claim is won. Most of what we need can be handled over the phone.

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