HOW YOU SEE YOUR DISABILITY VS. HOW SOCIAL SECURITY SEES IT

 

"The only thing obvious to Social Security is a denial." 

 

Most of the individuals who come to me for disability benefit assistance have a very clear view of their disability. They have lived with their medical impairment for a long time and they understand it. It is very obvious to them that they are not able to work and that they qualify for disability benefits.

However, Social Security will see the claim very differently. If I could choose one word to describe Social Security's attitude, it would be SKEPTICAL.

Nothing is obvious to decision makers at Social Security. Everything must be investigated, questioned, prodded, documented, verified and proven or refuted. Social Security's greatest fear is "fraud," the idea that someone might get a benefit that they are not entitled to.

The claimant makes allegations. Evidence is required before these allegations become fact.

Here are some major differences between the way Social Security sees a clam, vs. the way a claimant sees the claim:

 

1.    You start the process as a "non-disabled" person. Just like an accused criminal enters his trial "innocent until proven guilty," a disability claimant is "not disabled until proven disabled." So, you start as someone not qualified for a benefit. It's up to you and your attorney to change that and prove that you are eligible. The burden is on you. Social Security does not have to prove that you are not disabled

 

2. Social Security does not give you the benefit of the doubt. If there is any doubt about whether you meet disability rules, the doubt goes in favor of Social Security, not you. So evidence must prove disability beyond a doubt.

3. Social Security will not accept anything you say or anything your representative says unless it is supported by evidence or proof. Nothing is obvious to Social Security.

4. Evidence to prove your case must meet the "Rule of the 3 Cs." It must be CURRENT, CLEAR, and CONVINCING.

This explains why claimants are so shocked when they go before Social Security with a case that they feel is "obvious," and get denied. The fact is, you didn't prove disability by the book.

Since most disability claimants have never read "the book," they have little chance to prove their case "by the book."

 

    If you feel that you are obviously disabled and common sense proves it, you are in for a terrible disappointment when you make contact with Social Security.

Social Security uses no common sense and nothing is obvious to them.

You should find an attorney or advocate who understands evidence, burden of proof, and what proof is required to overcome the skepticism at Social Security.

The only obvious result of a disability claim is denial.

Winning requires a lot more.