Top 5 Reasons Missouri Social Security Disability Cases are Denied
These comments are only based on my cases. Other attorneys may have different experiences. It is important to remember I only see people who have been denied Social Security at the application and reconsideration stage (in Arkansas). People who won their case at the application level (or on reconsideration) do not call my office.
1. The claimant has had little or no medical or mental health treatment.
As I’ve stated numerous times, it is up to the claimant to prove he or she is disabled. If there are no medical records because the person has not been going to the doctor, the Social Security Administration (“SSA”) is practically guaranteed to deny the claim. If a claimant does not hurt badly enough to see a doctor, the SSA feels the claimant must not be disabled. Frankly going into the doctor a couple times of year falls into this category for most medical conditions as well.
Now, I often hear my clients say that they have no medical insurance and they cannot obtain treatment. It is important that you seek all avenues of treatment such as Jordan Valley, MSU, OCH Medicaid etc. Contact your local county health department for all available options.
2. Social Security did not obtain the records prior to making a decision
At least 95% of the time in the cases that I see, the SSA makes a decision based on an incomplete record. Although Social Security may request the records, they do not always receive them. Just because you told Social Security about a medical doctor who provided treatment does not mean that Social Security orders records from that source or that the records were received. If a claimant wants to make sure that every record is considered, he or she needs to obtain the records and bring or mail them in to the Social Security district office.
Sometimes I see that the SSA made only one attempt to obtain records and did not follow up.
Another common scenario is that a claimant alleges a condition which occurred two years ago but the SSA only requests one year of medical records. SSA then denies the claim because the claimant did not prove he or she was disabled on or before a certain date. The claimant was denied because Social Security did not request those older records!
3. The claimant didn’t appear for an exam or didn’t return the function and work history report
This is a really dumb reason to get denied. Again remember it is up to you to prove you are disabled. If you make the SSA’s job “harder” guess what, see #4 below
4. The Social Security Administration works in a culture of “no”
In my opinion, the SSA’s attitude is, “Is this claim going to come back and bite me?” They are looking for ways to deny. Why? Because the examiner will not get into trouble denying a claim wrongly, but paying a claim wrongly is a waste of government money.
I see many files where people gave up after the initial or reconsideration stage. They did not want to go forward with a hearing in front of an administrative law judge. They then filed again. They wasted time and they lost money in starting over again. I think the SSA wants people to give up. Do not be discouraged out by the hearing stage of the process.
5. The claimant is under the age of 50
Sad, but true. If a claimant is under the age of 50 and even with convincing medical and/or mental health evidence, the claim is likely to be denied on the application. The SSA believes folks under the age of 50 can work either at their past job or some other job. The SSA’s attitude is if folks under 50 are not working, it is because they choose not to do. This is not to say that folks under 50 cannot win. They can win, but they win at the hearing stage. It is rarely granted before then.
However if you are over 50 you must not make a fatal mistake in the application process that can wreck you case. You should contact my office BEFORE you apply. You can fill out a FREE evaluation form.
Free Social Security disability evaluation for Missouri and Arkansas residents.
Think you may qualify for disability in Missouri or Arkansas? Would you like a free evaluation by an experienced Social Security Disability Lawyer to know your chances? Want answers on what you can do to benefit your family?
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 Northwest Arkansas 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 benefits that you deserve. If you would like to speak to Jason Krebs simply call (417) 883-5886 or Toll Free 1 800 345-0535 for your free case evaluation or to discuss your appeal today! Do not delay as you only have 60 days to ask for a reconsideration if you live in Arkansas and 60 days to appeal in Missouri.
Please note that filing out this form does not mean my office has accepted representation and no attorney client relationship is formed by submitting this form.
Also filing out this review form is not filing your appeal and this website in no way related to the Social Security Administration.
What can be learned from these patterns of denials? The most important concept to take away is that if you are a claimant, you will need to seek medical treatment. In my review of cases, no treatment equals no benefits. Another important lesson is that you have to collect the evidence if you want it considered. You cannot depend on Social Security to do it. Finally, you have to hang in there and expect to appeal. The system is not set up to look at your case objectively from the start. Chances are good that your claim will be denied at the initial and reconsideration stages through no fault of your own. If you do not appeal, you cannot collect benefits.