WHY DISABILITY GETS DENIED IN ALABAMA

It's rare to file a disability claim and get approved right away.  Unfortunately, most claims are denied and must be appealed.

There are common reasons for denials, some of which are:

1.  The application was filed incorrectly or incompletely.  Social Security sends you tons of forms, almost never-ending stream of questionnaires, reports and requests for information.  If each part isn't completed accurately and returned on time, a denial occurs.

2.  All of your medical information isn't received.  Social Security orders only records from the doctors or providers you tell them about.  And often, these doctors simply don't provide the records.  Therefore, a decision may be made on incomplete medical evidence.

3.  Decision makers believe you are able to do things you really can't do.  After a review of your medical records, they will assign you a "Residual Functional Capacity" or RFC for short.  This is a profile of how much you can sit, stand, walk, lift, push/pull, bend, reach, etc.  They are often much too optimistic, assuming that the claimant can do more than he/she really can.  For example, Social Security may assign you the ability to perform "light work," which requires standing or walking up to 6 hours per day and lifting 20 pounds occasionally and 10 pounds frequently. In reality, the claimant may not be able to perform "light work" at all.

4.  Your past relevant work may have been classified improperly.  This is critical for claimants over the age of 50.  Past work plays a crucial part in decisions for older claimants; if a past job is classified wrong, it results in a denial when an award should be made.  Social Security takes this information from a form titled WORK HISTORY REPORT, completed by the claimant as part of the application process.  During more than 20 years in the profession, I've seen fewer than a dozen of these forms completed fully and properly.  The form is confusing, tedious and complicated.  Most claimants either ignore it or give it a half-hearted effort.  The result is denial of benefits.

 The truth is, about 80 percent of claims will result in denial at the first stage.  Many of these claims can be won with an appeal.
___________________


The Forsythe Firm
"Across from Bridge Street"
7027 Old Madison Pike, Suite 108    
Huntsville, AL 35806

 CALL:  (256) 799-0297


Email Us:  forsythefirm@gmail.com

 SOCIAL SECURITY JUSTICE



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