Frustrated men and women call our office every day seeking answers as to why their claims for Social Security Disability Insurancebenefits have been denied. Unfortunately, denials of SSDI claims are quite common. So what are the top 6 reasons such claims fail?
- Employment—SSDI claims are denied routinely because people will apply for benefits while they are still fully employed. The Social Security Administration requires that a person not be employed for 5 months and have an expectation of disability lasting longer than 12 months. Therefore if you are employed you will not be found disabled. The argument that you will agree to quit if approved is not looked upon kindly.
- Youth—Younger individuals must demonstrate disability or inability to engage in substantial gainful employment, for any work in the local or national economy. This is a hypothetical standard and there are always hypothetical jobs for younger individuals. The SSA does not have to place you in a job, they just have to believe you would take one of these jobs if you really wanted to.
- Education—Individuals of any age, with college or other advanced degrees, especially those performed routinely at a sedentary level, are almost always denied benefits unless they can demonstrate psychological or cognitive difficulties that prevent performance of even the most sedentary type of work.
- Obesity—Obesity is no longer a listed impairment. People who are disabled because of obesity will have one or several of the other health disorders associated with obesity. If they are disabled it will be for the health problems derived from obesity but not the obesity itself. If you are a relatively healthy obese person you will not be found disabled.
- Heart Disease—Heart attack victims are rarely found disabled because the cardiologist will always recommend a return to normal activity in the course of treatment. However, if the heart disorder is chronic congestive failure such that from which you do not recover, then you can be found disabled.
- Children’s Disabilities—Children with disorders such as ADD or ADHD, Asperger’s, low IQ, or MR (now called ID, intellectual disability) will not be found disabled if they function well. If the child’s medication works and he or she goes to school, plays well with other children, plays sports and video games, and does many of the activities normal children do, the child will not be found disabled.
Of course, every Social Security Disability claim is unique and many claim denials are the result of the Social Security Administration’s lack of information. Chappell Smith & Arden, P.A. Attorney Danny Vega has helped hundreds of individuals with denied claims successfully appeal the decision of the Social Security Administration.
If you have questions about your claim, please don’t hesitate to contact a Columbia SC attorney at Chappell Smith & Arden, P.A. by calling 866-881-8623 or emailing our firm via the contact form on this page.