Top 7 Reasons Social Security Disability Claims are Rejected in Virginia
Posted: Friday, May 21, 2010
by jervalaw
Law Office of Jerry Lutkenhaus
These are the top reasons why claimants are denied for Social Security Disability:
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 for Social Security. Generally, you are going to have to have an impairment that adversely impacts your daily activities.
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 not had medical care. Social Security will not accept your statements about your medical condition without medical proof of that impairment. Social Security may send you to their doctor but this will be a perfunctory physical examination which rarely proves disability.
As a 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.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Jerry Lutkenhaus has been a practitioner of Social Security Disability law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com.
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Top-level comments on this article: (1 total)Social Security Disability is not for everyone. I see that it is not just sick leave. You have to be under a real disability.Unfortunately, Bill many think Social Security Disability is for short term problems. It is not. That is why people need to have short term disability and sick leave protection at work.
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