Why Were You Turned Down When You Are Disabled?
Every claim is different, but the first thing to understand is that the Social Security Administration (SSA) turns down most initial applications for disability. Here are some reasons that the SSA uses to deny claims:
- There was not enough medical evidence in the record. SSA is supposed to request and gather all of your medical records. However, they often do not obtain a complete set of records, and issue a denial based on an incomplete picture of your medical treatment history. When I accept a case on appeal I undergo a thorough review of my client's medical treatment history, and I personally request a complete set of my client's records from all of his or her doctors and healthcare providers. I then submit these records to SSA. This is one reason my rate of winning appeals is so high.
- The were no Medical Source Statements in the record. SSA is supposed to request Medical Source Statements from either treating doctors or their doctors. A Medical Source Statement (also known as a Residual Functional Capacities form) is a form filled out and signed by a doctor that outlines specific impairments and resulting limitations of the Claimant. These forms are often crucial in determining disability. I routinely request Medical Source Statements from from my clients' treating physicians; this often makes the difference in winning the appeal.
- The Claimant did not appear at the doctor's appointment scheduled by SSA. Usually the SSA will schedule a doctor's appointment for the Claimant. The report from this visit, called a "Consultative Evaluation" is used in the SSA's decision making process. If the claimant misses this appointment SSA will often cite the missed appointment as one reason for denying the claim. Since it is important to make these appointments, I send reminders to my clients via phone calls, texts and emails when such an appointment is scheduled.
- There is an unfavorable Medical Source Statement from SSA's hand picked doctor. Sometimes even when the Claimant appears at the Consultative Evaluation appointment with SSA's doctor (as they should) this doctor fills out a Medical Source Statement that does not reflect all of the limitations of the Claimant. This gives the SSA another reason to deny the claim. This is why I obtain Medical Source Statements from my client's own treating physicians; these doctors have actually treated my clients and have a better understanding of their disabilities.
When You Have Been Turned Down for Benefits
Receiving a denial of benefits is extremely frustrating. However, I encourage you not to give up. I win most of my cases for clients after they have been turned down for benefits the first or even second time.
If you recently received a denial of benefits letter I can help you file an appeal within the appropriate deadline and with the necessary paperwork. Many times, an appeal is due within 60 days of your receipt of the denial letter, so do not delay in contacting me as quickly as possible.
For a free evaluation of your claim call me today at 1 (800) 407-1516.