ARE THERE WAYS TO AVOID BEING DENIED FOR SSI OR SOCIAL SECURITY DISABILITY?



Are there ways to avoid being denied for SSI or Social Security Disability?



 
There are certainly ways to minimize the chances of being denied disability for either Social Security Disability or SSI disability. One of those ways to avoid being denied is to assist the disability examiner (assuming the case is a pending disability application or a reconsideration request appeal, which is the first appeal) in obtaining evidence for your case.

Evidence on an SSD or SSI will fall into two categories: medical and vocational.

For the disability examiner to obtain all the required medical evidence on a case, they will need to be aware of all sources of treatment, as well as the diagnoses received from each place of treatment. Ordinarily, this information will be provided by the claimant at the time of application. However, very often, claimants find new sources of treatment and have new testing procedures. If this information is not relayed to the disability examiner who is processing the case, then the newer records cannot be obtained in order to support the case. And for this reason, a claimant should report new treatment as it occurs.

Vocational evidence on a case concerns the jobs that have been held by a claimant in the relevant period, which is the last fifteen years prior to becoming disabled. Though some people may assume that this sort of information can be accessed by the social security administration (SSA) via some federal electronic record-keeping source, the truth is actually that SSA relies entirely on the claimant to supply an accurate listing of their work history that includes: job titles, dates worked for each job, and a detailed description of job duties.



Without the most accurate vocational information, there is always the chance that a disability examiner will incorrectly classify a claimant's prior jobs and this may lead to a false conclusion as to what types of jobs the claimant is currently capable of doing--which could result in a denial of the claim.

Having said all this, however, one of the most pre-emptive methods of avoiding being denied for SSI or Social Security Disability is finding an experienced disability representative (a disability attorney or a non-attorney claimant's representative) who has an active interest in winning the claim regardless of the level that the claim is at.

This may bear some explanation, but many disability advocates concentrate primarily on the disability hearing level. This is because:

A) Most claimants will be denied at the first two levels (the disability application and the reconsideration appeal)

and

B) The odds of winning a disability hearing are quite good if one has representation and a prepared case to bring before a judge. For this reason, many social security representatives will make relatively little effort to win a case before the case gets to the hearing office.

However, many cases can be won at the initial claim and reconsideration stages, provided that the representative is pro-active in submitting supporting evidence, such as supportive statements from a claimant's treating physician, and possibly interfacing with the disability examiner who is processing the case to ensure that the examiner is not missing or misinterpreting the medical and vocational evidence.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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