The SSA Isn't Perfect: Common Mistakes That Lead To Benefit Claim Denials
Mistakes happen to the best of us. However, when a judge or someone else involved in the social security administration or a judge makes a mistake, this can create a lot of headaches when you apply for social security disability. Under these situations, you will need the assistance of a lawyer to fight for your rights.
The Medical Source Statement Isn't Considered
You rely on the opinion of a physician regarding your ability to work and how injured you happen to be. However, the judge may not consider the Medical Source Statement given by your physician when determining if you should be on social security disability, so you may need to appeal. When you appeal, the judge will be required to explain how much weight was given to your physician's opinion. Often, the judge will realize a mistake was made and accept your social security disability claim.
The Judge Misunderstands Your Job Title
Sometimes, the Social Security Administration (SSA) does not understand the nature of your job and may believe that you will be able to continue to perform your job despite being injured. For example, the SSA may believe you are only required to sit behind a desk, when your profession may also require you to routinely engage in heavy lifting. With the assistance of a social security disability lawyer (such as Sarah J Liddy Attorney At Law), you may be able to craft a more detailed explanation of what your job entails and why you cannot perform it.
You Appear to Have Other Skills
Even if you cannot perform your current job, your social security disability claim may be denied if there are other jobs you may be able to perform. Your work history can demonstrate that there are other skills you may have and that you can use these skills to return to work. Your physician and your Social Security Disability lawyer will work with you to help explain that you will not be able to return to work at all. For example, your past experience may have left you with skills that are outdated.
Your Disability Was Not Listed As Severe
The requirements for having a disability listed as severe are not very high. Usually, you need one or two disabilities that seriously limit normal working activities, such as standing. If your disability was listed as non-severe, you will need to have this corrected to be listed as severe. These changes will increase the odds that you will receive your social security disability benefits.