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Working and Disability
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What is a disability?
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Why most SS Disability Claims are Denied in Texas
Recent statistics indicate that as many as 77 percent of all initial claims for Social Security (SS) disability are denied, more than eighty percent of all reconsideration appeals are denied, and many individuals are even denied at the administrative law judge hearing.
Why are so many Social Security claims in Texas denied? There are many reasons why SS disability claims are denied.
The less common reasons for being denied
1. Many long-term disability companies insist that individuals apply for Social Security disability as a basis of offsetting any benefits they are required to pay the beneficiaries. This requirement causes many unnecessary claims to be filed with the Social Security Administration, thus increasing the amount of overall Social Security disability denials.
2. In addition to long-term disability companies clogging the system with claims that are unnecessary, many state social services offices will promote the idea that an individual should file for Social Security disability even if they are working at a level considered to be substantial work activity. Of course, these disability claims are denied for SGA.
3. Still other disability claims are denied for reasons totally unrelated to medical conditions or work activity. Some individuals who file for disability do not follow through with the requirements of their disability claim. Many claimants do not provide disability examiners with requested information or fail to attend scheduled consultative examinations; each of these may result in a Social Security disability claim denial.
A more common reason for being denied (though not the most common)
Often an individual files a disability claim due to traumatic injuries such as workplace injuries, car accidents, or even sudden onset medical conditions (stroke or heart attack). While these injuries or medical accidents may be disabling initially, they often are expected to improve over the course of twelve months (remember that the definition of Social Security disability requires that an individual must be disabled and unable to work for twelve months or be expected to be disabled and unable to work for twelve months).
If Social Security feels that an individualís condition will improve to a level that leaves an individual able to perform substantial work activity (this activity does not have to be the individual's usual line of work), there is a possibility that the claim will be denied for durational concerns (not expected to last for twelve months) or even denied on the basis that an individual can return to their usual line of work or other work if the claimant's residual functional capacity allows (residual functional capacity is what an individual is able to do in spite of their medical and/or mental conditions).
The reason most claims are denied in Texas
The most common reason for being denied in Texas is failing to satisfy the SSA definition of disability by proving that you have a condition that A) is severe, B) will be disabling for at least one full year, C) may meet or equal the criteria of a listed condition, and D) keeps you from being able to work and earn an SGA level income while doing your relevant past work or doing suitable other work.
Pages that provide additional detail on these topics:
1. What is the Social Security definition of disability?
2. What does social security mean by past work?
3. What Does Social Security Disability and SSI Include As Your Past Work?
4. What Does It Mean If you Are Denied For Disability Because You can do Other Work?
5. How are Social Security Disability cases decided? - the Process
Social Security takes many things into consideration when they make a determination to approve or deny Social Security benefits. For example, disability examiners consider an individual's age, education, and medical condition when determining if an individual has the capacity to perform other work or even to be retrained to do other types of work.
As you can see, much of the disability determination is based upon what the disability examiner determines your residual function capacity to be, in addition to your ability to be retrained for other types of work that you are able to perform in spite of your impairments. Consequently, an individual may go through the Social Security disability process many times prior to being approved for disability benefits.
In fact, there is no guarantee that an individual will ever meet the criteria for Social Security disability (though it should be pointed out that individuals who are denied and appeal their case all the way to the level of the disability hearing will stand approximately a sixty percent chance of being approved if they have representation).
Return to: Social Security Disability Resource Center, or read answers to Questions
Physician Support for Your Social Security Disability Case in Texas
Why most SS Disability Claims are Denied in Texas
Getting seen by a doctor for Social Security Disability in Texas
Is it Difficult to Win Social Security Disability in Texas if you have Mental Illness?
Social Security Disability in Texas and Physicians
What is the Representation Fee for disability claim in Texas?
Who is eligible for Social Security Disability or SSI Disability in Texas?
The Texas Disability Hearing and Doctor Records
Will my doctor help me on my disability case in Texas?
How many people win Disability Benefits from Social Security in Texas?
What do I Bring to a Social Security Disability Application Interview in Texas?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
What to Prove to Qualify for Disability Benefits
Applying for disability benefits, SSI and SSDI
What Disabilities Qualify for SSI and Social Security Disability?
How does back pay for Social Security disability work?
Social Security Disability And SSI Qualifications
Permanent Disability Qualifications for SSD and SSI
Status of your social security disability or SSI case
Disability lawyer representation, finding lawyers
What is qualifying for disability based on?
How to qualify for disability, qualifying for Benefits
Qualifications for Disability Benefits
How long does it take to get disability after applying?
Disability application, how to file in Texas
Texas disability requirements
Eligibility and qualifying for disability in Texas
What are the qualifications for disability in Texas?
Will I Qualify For Disability Benefits in Texas?
Getting a Texas disability lawyer, attorney, or advocate