Even if your doctor tells you that you’re disabled, the Social Security Administration (SSA) may define “disabled” differently, and unfortunately, it’s how Uncle Sam defines disabled that matters when it comes to receiving your disability benefits.
It may be that your doctor defines disabled as you not being able to do the job you currently have. You may have been told that you can’t go back to work because of your condition.
The Social Security Administration has a very strict definition of the word “disabled”. When the SSA says you must be disabled to get benefits, they mean you must have severe medical impairment(s) that both:
1) Prevent you from doing the work you used to do.
2) Prevent you from doing any other type of work.
This second point is a key difference between your doctor’s opinion and the SSA’s rulings. For example, your doctor and the SSA may agree that you can no longer do factory work.
However, the SSA may say that you are still medically able to do office work. If that is the case, you can be denied benefits because they believe you can still do some type of work. Whether or not you will be denied depends upon your physical and mental abilities, your work over the past 15 years, how old you are, and what level of education you have.
While your doctor’s medical opinion is important and is taken into consideration, it is not the doctor’s decision as to whether you receive disability benefits.
Believe it or not, even if a doctor submits a letter to the SSA saying that you are disabled, this letter is not going to be all that helpful in your claim for Social Security Disability benefits.
The decision of whether you are disabled or not is a decision reserved for the Commissioner of the Social Security Administration who has delegated that decision to an Administrative Law judge or a Social Security claims examiner. Claims examiners are trained to look over each claim at the initial application stage and at the reconsideration level of appeal.
Be Aware: Most Initial Disability Applications are Denied
More than 60% of initial applications for disability benefits are denied, so don’t be discouraged if your claim is one of them. Remember, just because the examiner did not agree you were disabled doesn’t mean that you aren’t qualified to receive benefits. It only means the evidence in your initial application was not present for the examiner to rule that you are disabled.
If you are over 50 it is important that you call us BEFORE you apply. There are special SSA rules for those over 50 and you can RUIN YOUR CASE by making mistakes early in the process.
If your initial Social Security Disability claim has been denied, be sure to contact an experienced Harrison Arkansas SSI Disability Attorney. A Harrison disability lawyer will be able to guide you through the steps of your disability appeal. These steps may include gathering and submitting additional evidence, getting medical opinions from your doctors, and reviewing your file to determine the best steps to take to win your appeal.
Social Security Disability law is complicated, and it’s understandable that you may have questions. Call us at 870 741-8100 today and get an opinion from a Harrison Arkansas disability lawyer about whether you should appeal your denied claim.
If your Social Security application was denied, call Jason Krebs at The Krebs Law Firm today at 870-741-8100.