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Top 7 Reasons Social Security Disability Claims Are Rejected
by Jerry Lutkenhaus
Based on my 35 years of practice, these are the top reasons why claimants are denied for Disability at the initial level.
1. You are still working. Even if you are only working part-time, the fact that you are working is a strong indicator you are not disabled.
2. You do not have a severe impairment. You feel you cannot work any longer. That is not going to be sufficient. Generally, you are going to have to have an impairment that adversely impacts your daily activities.
3. You have not worked enough. If your work has been sporadic or if you have been paid under the table, then you may not have sufficient quarters to qualify for Social Security Disability.
4. You are too young. Social Security regards everyone under age 50 to be in the "young category." When you are in the "young category" it is not enough to show you have a severe impairment and that you cannot do your usual work. In this category you usually have to show you cannot do any kind of light duty jobs.
5. You are on unemployment compensation. In order to receive unemployment compensation you have to certify you are "able to work" and you have to show you are looking for work. Most Social Security Judge feel being on unemployment compensation is not consistent with a disability claim.
6. Your disability will not last 12 months. You have had an operation and you are unable to work. However, if you are going to recover within 12 months, you do not have a valid Social Security Disability claim.
7. You have an impairment but you have had medical care. Social Security will not accept your statements about your medical condition without medical proof of that impairment. You may be sent to their doctor but this will be a perfunctory physical examination which rarely proves disability.
As a Virginia Social Security Disability practitioner, I have noted these are the predominant reasons why claims are rejected. A review of these 7 reasons can quickly indicate whether or not your disability claim will be quickly dismissed by the Social Security Administration.
About the Author
Jerry Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years. He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see virginiadisabilitylawyer.com and virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.
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