The biggest challenge that you will face in a Social Security Disability (SSD) case is the fact that the Social Security Administration (SSA) denies a high percentage of the initial claims that are filed. The agency adopts a very stringent viewpoint on when they should pay out these claims. You are the one who has the burden of proof to show that you meet the criteria to receive SSD benefits. It is very difficult for you to overcome these challenges on your own. You stand the best chance of doing so with the help of an SSD lawyer who can fight back against the agency when it is necessary.
Challenges With the Medical Evidence You Have Submitted
Many of the difficulties that you will have to deal with relate to the medical evidence that you have presented to the SSA. The agency may conclude that you are either not disabled in the first place or that you still can perform some gainful employment. The SSA strictly interprets the criteria that are outlined in the “Blue Book.” They will take the position of denying your claim first and asking questions later.
Here, you will need to overcome this challenge by adding evidence to your claim that addresses the issues that were raised by the agency. You can obtain additional medical records from your treating provider that can serve as evidence of your disability. These records can either persuade the SSA to reverse their initial decision in a request for “reconsideration,” or they can be used when you are filing a further appeal with an administrative law judge.
Proving That You Have the Necessary Work Credits to Qualify for Benefits
Another reason why the SSA may deny your initial claim is that your work history does not show that you have the necessary “credits” to qualify. There is a sliding scale of the work history that you need, which is based on your age. The agency may not have seen enough documentation in your initial application to show that you meet the criteria. Accordingly, you may be able to overcome this challenge with stronger evidence of your work history that can include the following:
- Records of your earnings.
- Employment classification letters from former employers.
- Testimony from vocational experts.
Consistency in Your File
The SSA is going to look at all parts of your application to determine your eligibility for SSD benefits. However, they may hone in on certain parts of your documentation that meet the narrative that they want to accept. They may focus on certain parts of your records that they believe show that you are either not disabled or still able to work. It is up to you to ensure that your file tells a consistent story. If some parts of your records may undercut the story that is told in other forms of evidence, it is up to you to persuasively explain why this does not disqualify you for benefits.
How to Fight Back When You Are Facing Challenges With Your SSD Claims
The initial review of your claim is just part of the application process. Given the fact that the odds are against you, you should expect that your claim will be denied. Of course, you should expend all necessary effort to reduce the chances of an initial denial. Still, there are times when you will need to fight back.
If your claim has been denied, and you believe that the SSA has made a mistake, you can go through several steps of the appeals process. First, you would proceed internally through a Request for Reconsideration. Then, you can pursue an appeal in front of an administrative law judge, which is where many claimants will find success. If that step has still not provided you with the result that you want, you can take your case to federal court.
A Fayetteville SSD Lawyer at Osborne Law Firm Can Help You Sort Through the SSD Process
Whether you need help in preparing your initial claim or you are appealing one that has been denied, speak to a Fayetteville SSD lawyer at Osborne Law Firm. To schedule a free consultation, contact us online or call today at 479-521-7727. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.