DENIED?! for Social Security Disability? Even with Evidence? Must See

3 years ago
4

Why would the Social Security disability judge deny your case even when your claims file contains extensive medical records of on-going medical problems?

You may be especially frustrated because you are really suffering - why does the judge not believe you?

I think that the answer arises from the nature of a Social Security disability Inquiry - from the perspective of the judge.

Judges are required by Social Security law to rely almost entirely on evidence. Even if the judge believes that you are entirely credible, he/she cannot approve you unless there is medical evidence to support your allegations of pain and work activity limitations.

So, many otherwise deserving cases fail simply because of a lack of evidence.

Other cases are denied even if there is some evidence, but that evidence is not strong enough. Any judge who has been on the bench for more than a few months has considered dozens of back pain cases, dozens of depression cases, dozens of chest pain cases, and so on.

When a judge opens a new file and sees that "this is a back pain case," she will already have in mind what she expects to see in a case that qualifies for approval. If the records and evidence in your case do not fit the mental profile for a winning case that exists in the judge's mind, your case will be denied.

Meanwhile, you are living with the pain, discomfort and medication side effects and completely sincere and honest in your allegations of impairment. But the judge won't rely on what you say - instead, she will decide to approve or deny almost entirely on what the medical evidence documents.

An experienced attorney can evaluate what is there and suggest what is needed to turn a marginal case into a winner.

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