According to the Social Security Act, to qualify for disability payments (either SSDI or SSI) you must prove that you cannot do any work for which you are suited due to a medical condition that is expected to last for a minimum of a year or is terminal. The Social Security Administration (SSA) maintains a list of impairments that it considers to be disabling. If your medical condition is on the list, or you have an equally severe condition, or your condition does not permit you to work in your normal or a similar role, you may qualify under SSA guidelines for disability payments.
Between the years 1999 and 2008, the average approval rate for an initial claim was only 28%. Denials for the initial claim averaged 53%. Claimants pushing for a hearing before the SSA saw a 13% approval.1 Most denials were due to technical and medical reasons. It is important if you are filing for Social Security disability that your initial claim be as complete as possible. And, if your claim is denied and you intend to appeal, you must do so in a timely fashion.
The SSA will routinely deny claims if the claimant is expected to be disabled less than one year, provides insufficient medical proof of the disability, is able to work in his or her current occupation or do another type of work, has an impairment the SSA does not consider severe, or is disabled due to drug or alcohol use, failure to follow a doctor’s orders toward improvement, or fails to cooperate. Even if you currently receive disability benefits, the SSA may terminate them at any time.
Click here for your free 2011 Social Security Disability Guide
Brinkley Walser has a strong legal support team throughout the claims process and offers assistance in interactions between you and the Social Security Administration. We accept clients at all stages of the process. If your disability claim has been denied we can appeal the ruling. Time is of the essence in appealing Social Security disability cases. Brinkley Walser is the firm of choice if you believe you need help in the handling of your Social Security claim.
1 http://www.socialsecurity.gov/policy/docs/statcomps/di_asr/2009/sect04.html
