Only about 27 percent of Social Security disability (SSDI) claims get approved at the application stage. While there can be several reasons for a denial, the number one reason is
Your impairment is not severe enough to qualify for disability
Basically, the Social Security rules require you to have a severe disability which makes you totally unable to work (at any job). Unlike many other programs, Social Security has no partial disability benefit. It is 100 percent disability or nothing.
It is rather difficult to prove that you are totally unable to perform any full-time job.
Also, a doctor is not allowed to certify that you are disabled or that you cannot work. These decisions by law are reserved for the Commissioner of Social Security. So, only Social Security can determine who is disabled or who is unable to work.
It's common for denial letters to state something like this: "We have determined that you have some severe impairments. You cannot perform the work you have done in the past. However, based your age, education and functional capacity, you are able to perform certain types of work."
Also, Social Security offers no short-term benefit. They only consider a "disability" to be a severe impairment that will last at least 12 straight months. So, any condition that keeps you out of work less than 12 straight months is not a disability, according to them.
Thus, Social Security's definition of 'disability' is very difficult to meet.
Individuals who are at least 50 years old have a better chance of being found 'disabled' by Social Security. Claimants age 55 and over have an even better chance. However, even these older claimants often have to "fight" through the long appeals process to get approved.
At the Forsythe Firm we fight for claimants rights every day. Our pledge is, IF WE DON'T WIN YOUR CASE, YOU PAY US NO FEE. NOT A CENT!
Contact us at (256) 799-0297 in Alabama or Tennessee. The call is free.
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