Avoid Having Your SSD Claim Denied!

Aside from failure to meet the legal and factual requirements for Social Security Disability, there are other reasons that a claim might be denied:

  • Drug Addiction or Alcoholism - Since March 29, 1966, a person CANNOT be found disabled if drug addiction or alcoholism is found to be "material" to the disability. That is, if Social Security determines that the applicant would not be disabled except for the substance abuse, the claim must be denied. Drug and alcohol addiction should not apply to conditions which are themselves disabling, even though they result from substance abuse and the abuse of a substance continues, if the impairment would not improve if the abuse stopped. For example: end-stage liver disease; irreversible organic brain disorders; illicit drug-induced cardiomyopathy, etc.
  • Failure to Cooperate - Throughout the application and appeals process, claimants are required to complete under penalties of perjury, many questionnaires. These include work history, medication lists, description of physical and/or mental limitations and other forms. If a claimant does not accurately and timely provide the information requested, a claim can be dismissed!
  • Failure to Timely File Request Reconsideration or Appeal - If Social Security denies a claim, the applicant is generally allowed 60 days plus mailing time, to file a Request for Reconsideration and an Appeal. Although there are exceptions to the rule, failure to timely file the paperwork can terminate the appeal process.
  • Failure to Follow Prescribed Treatment - A Social Security Disability applicant cannot refuse reasonable prescribed treatment. That is, a claim can be denied if the applicant refuses to undergo treatment from a doctor, if the treatment has a chance of restoring the ability to work.

Under the complicated Social Security laws, one thing is clear-it is the responsibility of the Claimant to prove his or her case! The Social Security Administration will not act as your attorney to prepare the medical necessary to win Social Security Disability benefits. Only a skilled Social Security Attorney Randy Zeldin, Esq., can prosecute your case, so that you meet the evidentiary burden to win. Don’t hope that the SSA will win your case for you

Under the complicated Social Security laws, one thing is clear-it is the responsibility of the Claimant to prove his or her case! The Social Security Administration will not act as your attorney to prepare the medical necessary to win Social Security Disability benefits. Only a skilled Social Security Attorney Randy Zeldin, Esq., can prosecute your case, so that you meet the evidentiary burden to win. Don’t hope that the SSA will win your case for you

The need for evidence may arise on many issues, including but not limited to the following:

  • Physical or mental impairments.
  • Subjective complaints such as pain, shortness of breath, anxiety, nervousness, dizziness, fatigue, weakness, etc and their intensity, persistence, frequency and response to medication/treatment.
  • Date of onset of disabling impairment and date last insured.
  • Level of education, ability to communicate in English and literacy.
  • Age, work history and/or existence of vocational skills.
  • Transferability of skills.
  • Activities of daily living (which may show ability to perform work-related tasks)
  • Timely filing of appeals.
  • Failure to cooperate with treatment.
  • Non-citizen status.
  • Credibility of documentary evidence and of testimony.

Contact us online or call (877) 839-4243 today for a free and confidential consultation!

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