I have been representing people on Social Security Disability for 20 years and typically there are a number of reasons that a person is denied. The following are some examples of general trends that the judges use to deny claims.
1. Age – I believe that if you are under fifty years of age that you do not need to file for a disability claim. The judges feel that the age factor is paramount and I typically do not sign up someone under the age of fifty.
2. Failure to cooperate – this has to do with someone not filling out the proper forms. This also has to do with going to a physician who has been assigned by the social security administration. If you miss any appointments or fail to file documents, your case will be immediately denied.
3. Time of disability too short – the law is very clear that you must be out of work for at least one year or anticipated to be out of work one year. I see too many people filing claims after a couple of months and the judge will feel that they need to allow you to reach maximum medical improvement and become employable.
4. Claimant’s earnings – this has to do with someone who is making too much money and applies for social security disability. An individual cannot make more than $1,000.00 a month or they will not be able to obtain social security disability. It is ok to have a part time job but your overall earnings need to be under that $1,000.00 threshold.
5. Disability treatment sparse – this is a common one that someone just simply has not gone to their doctor enough. My clients will typically say that they do not have the money to go to the doctor but there are clinics that you do not have to pay for that are helpful. If you do not treat, the judge will not have a reason to find you disabled.
If you have any questions or comments about social security please call me at 407-315-2182 or email me through my website.
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