Possibly the most difficult question to answer and comprehend is why Social Security denies so many claims? This includes the 75 percent of applicants who are denied at the initial application phase and the 90 percent of applicants who are denied at the first appeal phase of the process. Unfortunately, there is no perfect answer to this question, but it is worth looking at some of the potential reasons.
Timing Is Everything
Timing could play a large role in why many applications are denied at the initial and first appeal levels. When an applicant first applies for Social Security disability it many times is right after they stop working, so there is not much medical evidence to support the inability to work, at least for a 12-month consecutive period, which is required under Social Security’s rules. Cases that are denied twice and have to go to a hearing are usually close to two years old, so there is a longer period the applicant has been unable to work and there is more medical evidence.
The Process
The initial and first appeal level of the Social Security disability process is handled almost exactly the same. The applicant files an application or appeal and provides contact information to Social Security disability about where they are treating for their impairments. Social Security disability will collect medical records and make a decision about whether an applicant is disabled off that information. The problem is, the person making the disability determination never meets the actual applicant and many times does not receive all relevant medical records in which to make a decision.
The Rules
Many times disability examiners, who are in charge of claims at the earlier stages of the process, are following the stringent rules set forth by Social Security in making disability decisions. At the hearing level the Administrative Law Judge (ALJ) can use a more reasoned approach to consider whether an applicant is disabled or not.
To learn more about this issue click here.
