My Social Security Disability Claim Has Been Denied

Filing a Disability Claim is not a casual walk in the park. It is an uphill battle. However, you received a letter stamped across the top, “CLAIM DENIED.”

In most states, between 70% to 80% of initial claims are denied. When claimants first receive their letter, most are shocked. They had medical records and other statements demonstrating their disability. Because of a physical or mental mental condition, you have been unable to work.

On the advice of friends,doctors or family members, you filed a Social Securirty Disability Insurance claim. In fact, that was your understanding of what those taxes taken from your earnigs were intended to cover— — uexpected injuries.

Although the letter contains an explanation, that does not help. The bottom line is your application for social security benefits has been denied. This is not the news you expected. Now what?

First, Do Not Give Up! Also, we strongly suggest that you do not file another application. There are better options. Yes, being disappointed is a normal reaction to the news your disability claim was denied, but do not be discouraged. Disability claims are denied about 80% of the time, and if your disability claim was denied you only have 60 days to file an appeal. At the Law Offices of Dan Wimmer, if your disability claim was denied we are available to assist with the next step to obtain the benefits you deserve.

Second, statistics published by the Government Accounting Office demonstrate that claimants with representation, like an attorney, are three times more likely to be granted benefits than claimants who were unrepresented. Also, attorneys are more likely to only present claims that show the claimant’s burden of proof; that their disability prevents them from working. Unrepresented claimants may focus more attention on their disability and less on their limitations based on medical and non-medical records.

Third, according to SSA, properly supported and documented appeals at the hearing stage have almost a 50% chance of being granted. Oftentimes, a denied claim that is appealed enable the claim to be strenghtened with new or additional evidence. Lawyers know how to do this and how to “make their case.” Our firm has numerous suggestions about how to strenghen a disability claim that has ebeen denied. We also provide legal, pragmatic, and strategic recommendations with our free Social Security claim evaluation.

During this evalaution process, we will carefully review your denied disability claim file and look for methods that improve the chances of a denied claim to being approved. We focus on the specific issues or mistakes that caused your application to be denied.

When a social security benefit claim has been denied, our approach at any of the appeal stages is to present a stronger case. We do this by reviewing the file from the beginning to its current status. Our objection is to get a denied Social Security disability claim reversed.

Generally, we represent claimants before their initial application is filed. That way we know in advance what evidence is being submitted. Simply building a file with numerous personal statemenst does not make the claim stronger. Also, when we are involved from the beginning, we have an opportunity to compare the evidence with Social Security’s “Blue Book” listing of impariments. Armed with this information, a claimant and their legal representatives can develop strategy about how to present a good case.

Many Social Security disabiity benefit applications are denied because of inadequate medical records or missing medical records. Oftentimes, doctors fail to submit relevant, objective medical rercords. Od those records are not submitted within SSA’s allotted time frame. Under SSA’s rules, untimely responses are deemed as an incomplete disability claim subject to denial.

There are also many other reasons a disability claim could be denied. For example, incomplete paperwork, missing forms, or conflicting work statements. Sometimes medical records include conflciting conclusions or statements. On the other hand, a properly crafted reconsideration request or a prehearing brief to the Administrative Law Judge can direct the judge’s attention to a diagnosis or draw a roadmap to medical evidence that connects a claimant’s condition to their inability to work.

In some cases, a disability claim is denied for non-medical reasons, which could involve limited work credits or a claimant earning too much money. An attorney that practices disability law can work with you and offer assistance about how to present a successful disability claim application. This could also include a new approach when appealing a denied disability application with relevant non-medical evidence such as letters from employers, friends and church members who are famailar with your condition and difficulties.

About 70% of the disability claims are denied based on medical purposes. In such cases, DDS is saying that even if your disability or condition is listed in SSA’s Blue Book of Impairments, DDS does not consider your condition so severe as to prevent you from working. At this stage, the dtat in your medical records is paramount.

Lastly, at The Law Office of Dan Wimmer, we always submit a prehearing brief and request an “exhibit list” of everything in your file. We want to win your appeal and it is our belief that our best opportunity is when we know everything about why your disability claim was denied.