Saturday, December 26, 2015

TRUE OR FALSE? SOCIAL SECURITY APPROVES TWO-THIRDS OF DISABILITY APPLICATIONS.

Answer:  False as George Washington's teeth.

The Disability Determination Service (DDS) will deny over two-thirds of all Social Security disability applications.  

 
Here is why the DDS will usually deny your disability application at the first step in the process:

  1. DDS will decide that there is other work you are able to sustain, even if you cannot do any of your past relevant work.  (Step 5 Denial).
  2. DDS will nearly always assign a residual functional capacity that is unreasonable based on your medical records but which allows for some work, thus justifying a denial.
  3. DDS will nearly always allow more weight for the opinion of their own medical consultant than for the opinion of your treating doctor(s)--even though this directly contradicts federal regulations and Social Security's rules. 
  4. DDS decisions are generally made by individuals who have never seen or examined the claimant, thus cannot possibly have a good picture of his or her impairments and how they affect the ability to do work like activities.
You have 60 days to appeal a denial.  The next step is a hearing before a US Administrative Law Judge.  (Unless you live in one of the non-prototype states, in which case you must ask for Reconsideration before requesting a hearing).

In Alabama (a prototype state), you go from a DDS denial to a hearing by a US Administrative Law Judge.  It can take 18 months from the date of denial to get a hearing, so the process is lengthy and frustrating.  You must file the request for a hearing within 60 days of the denial of your claim. 

 

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