“I don’t understand why my disability claim was denied” This is something that I encounter very often in personally speaking with prospective clients in Missouri and Arkansas.
In my experience a lot of applicants disability claim was lost for three main reasons:
1) they do not have sufficient medical documentation to back up their claim
2) they did not complete the function form and work history forms fully and accurately
3) they did not timely appeal their initial denied.
Let’s look at the first reason; lack of medical evidence. There are 2 areas you need to be aware of here. Does Social Security have your important medical records? Getting the relevant medical records yourself and turning them in usually solves this problem and gives the SSA disability examiner the ability to make a determination on their case with all relevant evidence.
The bigger issue is when individuals who file for disability do not see a doctor for regular and frequent treatment of the conditions they allege disable them from the work force. All disability cases are decided on the basis of medical evidence. The more medical evidence you have, the more your disability examiner must consider when making his or her determination.. This makes it much more likely you are to be approved for benefits. Objective evidence, or evidence that is not based on your claims alone is the best. Examples of objective evidence would be MRI reports, biopsies, blood tests, X-Rays etc. The reason SSA likes this type evidence being these results are hard to fake or lie about. The long and short of it is you must find treatment somewhere be it sliding scale treaters, Medicaid, coverage under the Affordable Healthcare Act i.e. Obamacare, the emergency room. No treatment means no benefits.
It is important that you not confuse having a condition and having a winning claim. By far most conditions do not qualify based solely on having the disease or condition. What is important is how does that condition limit your ability to work. For example, if you have diabetes that is controlled with treatment it is likely not something that will be the basis of a winning claim. Now if it limits your ability to use your hands due to pain or you have to take breaks and put your feet up etc, those are limiting conditions that affect your job.
The second reason; not completing work history and function reports. These are often the most important documents you will fill out in the process and the basis for many denials. It is a lot of paperwork, but vital to your case. You are asking SSA to pay you effectively for the rest of your life, they have a right to ask you some questions. See my earlier posts on this matter here and here.
Third; timely appeals. Missouri is one of a handle of states that do not require a reconsideration. Arkansas, Oklahoma Kansas require reconsideration within 60 days of denial. In the event that reconsideration is denied, which is likely, you only have 60 days to appeal. Missouri goes straight to the appeal process. You only have 60 days to file the appeal. There is no benefit to you waiting 59 days to file the appeal. In fact it puts you 59 days farther down the line for a hearing date.
The Krebs Law Firm LLC offers a free case evaluation if you have questions about your Social Security disability claim. Many people may be worried that they do not have the money to pay for a Missouri disability lawyer or Missouri Social Security disability lawyer, but we only handle Social Security cases on a contingent fee basis. In other words, there is no fee unless we are successful in getting you the SSD benefits that you deserve. If you would like to speak to Jason Krebs and his staff simply call (417) 883-5886 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to file for an appeal in Missouri or ask for a reconsideration if you live in Arkansas or Oklahoma.
If you would like more information about the Social Security disability application process or the appeals process, please request one of my FREE ebook reports.
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