This Disability Claim is Wrongly Denied Most Often

As Disability Alabama says, around 70% of all disability claims are initially denied. However, with 4 or 5 levels of appeals, a lot of those denials turn into benefits later on due to the Social Security Administration’s mistakes. Want to know what type of disability Social Security gets wrong the most?

Social Security Gets it Wrong A Lot.

Just because your initial application is denied, it doesn’t mean your case is over. Most applicants should plan on having to appeal their case at least one time.

In fact, around one third of all disability applications are denied before being approved on appeal.  Consistently though, Social Security has trouble getting one type of claim right on the initial application.

Social Security Struggles with Musculoskeletal Injuries and Diseases.

Consistently, the Social Security Administration struggles the most to accurately identify and award benefits to people with musculoskeletal injuries or diseases.  According to its own reports, of the cases that are at first denied and later approved, over 40% of those reversals are for disabilities of the musculoskeletal system.

What are Musculoskeletal Injuries and Diseases?

There are many types of musculoskeletal injuries and diseases. Some of the most common include back injuries from car wrecks or falls, rheumatoid arthritis, lupus, debilitating fractures, and amputations.

A diagnosis alone will not entitle you to disability. To win your claim, you must show that the condition is severe enough to keep you from working for 12 months or more.

Automatically Qualifying for Musculoskeletal Disability

Sometimes, where the musculoskeletal condition very severe you will automatically qualify for disability. Social Security keeps a list of these conditions and their required symptoms.

For example if you have a diagnosed spine problem along with spinal arachnoiditis that also requires you to change your position or posture more than once every two hours - then you would automatically qualify for disability. However, you need to have the medical records to back those claims up.

What to do if Your Musculoskeletal Disability has Been Denied:

1. Appeal. If your claim for back pain or debilitating arthritis was denied, most of the time you should appeal - though occasionally it makes more sense to file a new claim. Remember you’ve only got about 60 days from the date of the Social Security denial to appeal. If you’re late you could lose even the strongest claim.
2. Get more medical records. If you’re unable to move, drive, lift, etc., but your claim was denied there’s a good chance that you need to supplement your medical records. Often this means going back to the doctor. Sometimes it means being seen by a Social Security doctor. Almost all the time it means digging up more past medical records. You need medical evidence to support your claim, and you find it in the records.
3. Estimate your benefit. Use Disability Alabama’s disability calculator for an estimate of your benefit. While you do not need any special information to complete the calculation you may want to take a moment to think about your average yearly income and current household income before using the disability calculator; and
4. Call a lawyer. Social Security lawyers don’t get paid unless you win your case and then they get paid out of your back benefits. Lawyers significantly increase your chance of success and with little risk to you. If you’re interested in how Disability Alabama can help you, let us set up a time to talk.