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Social Security Benefit Denial

If you are disabled, you may be eligible to receive Social Security Disability benefits. In general, a person is “disabled” for Social Security benefits if their medical condition prevents them from working.  In addition, the medical problem must be severe enough that it will last at least a year or where it might result in death.

Social Security Administration Determinations of Disability

The Social Security Administration (SSA) has a thorough Disability Evaluation which includes a Listing of Impairments that could affect a person and result in a determination of disability.  The person filing for disability is responsible for providing medical evidence of disability from “accepted medical sources.”   In addition to providing evidence about the medical condition, medical reports provided to the SSA from doctors or other medical providers should also include a statement about what work activities, if any, the applicant can undertake.

If a person has a condition that affects working but that is not as severe as one of the impairments listed in the Listing of Impairments, there are a number of factors that the SSA will consider to determine the degree of impairment, such as whether the person is able to engage in physical activities and whether their impairment affects their ability to see, hear, or speak.

A determination of disability is not dependent upon whether there is any particular job available.  The SSA determination of disability is dependent upon the person’s medical condition and their ability to perform job requirements.

The foregoing is only a general overview of the determination process; because each individual’s case and medical condition is unique, it is important to understand the specific  SSA requirements and guidelines that may be applicable.

Denial of Social Security Benefit Appeals

If your claim for Social Security Disability benefits is denied, you may appeal.  There are important time limits in which the appeal must be made in order to be considered, and if the appeal is not properly brought within this time period, the right to appeal may be lost.

If You Have Been Denied the Appropriate Social Security Benefits, Please Call Our Firm

We can meet with you at your convenience, and explain the process for appealing a social security benefit determination.  There is no cost or obligation for this consultation.