Skip to main content

HOW SOCIAL SECRITY VIEWS YOUR CLAIM VS. HOW YOU SEE IT

 

 "The only obvious result of a disability claim is 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, documented, and proven or refuted.

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. You lose. 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 strong evidence or proof. Nothing is obvious to Social Security.

4. Evidence to prove your case 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 it 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 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.



Comments

Post a Comment

Popular posts from this blog

SOCIAL SECURITY PAY INCREASE FOR 2025

  Social Security benefits will increase by 2.5 percent or an average of about $48 per month in 2025.   The Social Security Administration announced the COLA increase on October 10, 2024 which will take effect in January, 2025. The Part B Medicare premium (the part you pay for Medicare) also increased from $174.20 for most beneficiaries to $185 per month. I find it interesting that the government increased the Medicare premium 5.9 percent for 2025 but only gave recipients a 2.5 percent increase in benefits. If you or someone you love needs Social Security disability (SSDI) benefits, contact Charles W. Forsythe at the Forsythe Firm in Huntsville, AL.  I have helped thousands of claimants get approved in the "dumpster fire" process known as Social Security disability.   We charge no fee for consultations or case evaluations.  You will never pay us a fee until after you are approved and received your lump sum past due benefits. Our fees are controlled by the S...
Post a Comment
Read more

HOW TO PRESENT YOUR DISABILIT CLAIM AT HEARING

  When you take your Social Security disability claim to hearing before a judge, there are 3 legal approaches you may try.  Not all approaches are available to every claimant.  Much depends on your age, past relevant work, education and residual functional capacity (restrictions).   Here are the 3 possible ways to be approved: 1.  Prove that you meet or equal a Listing.  Listings are specific medical impairments along with severe symptoms which Social Security will approve and pay automatically.  It isn't enough to be diagnosed with one of these conditions, you must also meet the severity of symptoms shown for each impairment. Only an approved medical source, such as a medical doctor of licensedf clinical psychologist, can certify that you meet a listing.   Note:  Most claimants who qualify for benefits will not meet a Listing.  Before you try to use this approach, become familiar with the Listings in Social Security's Blue Book at ...
Post a Comment
Read more

YOUR CHILDREN MAY ALSO GET DISABILITY BENEFITS!

  Social Security disability may replace some income for adults who become disabled due to a physical or mental impairment.  It may also pay benefits to dependent children who are under 18 years old--or up to age 19 if they are still in high school. Dependent children are usually eligible to receive a benefit in addition to their parent who has become disabled.   Disability has an impact on the entire family.  Children continue to need food, clothing, education and medical/dental care.  Dependent's benefits from Social Security can help cover these expenses for a disabled parent. If your disability claim is being handled by a professional--an advocate or attorney--he/she will be sure to protect your children's rights to benefits.  If you are handling your own claim, be sure to notify Social Security that you have dependent children when you apply for benefits.  When benefits are approved, contact your local Social Security field office (not the he...
Post a Comment
Read more