5 Reasons You Will Win Your Social Security Disability Case and 5 Reasons You Won't

July 9, 2017

Here are the top 5 reasons you will win your Social Security disability case:

 

1. You're getting older.

 

For those of you over the age of 60, the chances increase dramatically for you to have your Social Security disability case approved. If you're over the age of 55, your chances are still quite good, but the closer you get to retirement age, the more the Social Security Administration believes there are less jobs available within the national economy you are capable of performing. While nothing is a given, your chances of approval still increase significantly.

 

2. Your condition is really severe.

 

The more severe your condition, the better your chances at winning. In fact, if your condition or symptoms are severe enough, then it just may meet a Medical Listing. The Social Security Administration keeps a listing on almost all impairments, and if a condition meets the medical listing for that impairment, then you will likely be approved. However, you must also understand, it is extremely difficult for a claimant to meet one of these listings, but it does happen.

 

3. You have a physical impairment which keeps you from working.

 

Probably the most important criteria for winning your case besides your age, is whether your impairment can be shown through testing. If you have blood work, an MRI, CT scan, etc., to show you really have the condition you allege keeps you from working, then the Social Security Administration can look at such tests to determine whether you are disabled. By and far, if you have a physical condition, your chances of approval are far greater than those with only a mental impairment.

 

4. Your condition has already lasted for 12 months.

 

One of the criteria for being approved, is that your condition has already lasted 12 month or is expected to do so. Many times, a claimant's case is denied simply because the Social Security Administration believes your condition will improve before 12 months and you will be able to return back to work. If it has already been one year since you had to stop working due to your condition, then you will at least satisfy this requirement.

 

5. You have a limited education and no transferable work skills.

 

First, let's start with transferable work skills. If you simply worked hard labor work your whole life, then it is unlikely you have obtained the necessary skills to transfer them to sedentary work, in which you could sit at a desk for 6 out of 8 hours per day. Those with fewer or no transferable work skills have a better chance of being approved over those who have worked in management positions within the last fifteen years. If you have transferable work skills, you are going to have to show you are unable to even do any kind of job which would require a person to sit at a desk and do something for 6 hours per day. 

 

Now, let's talk about your education level. If you never graduated even from high school, believe it or not, this actually helps your case. If you graduated from high school 30 years ago, then it is very unlikely this would allow you to transition directly into any kind of skilled work. However, the more recent a person graduated from high school, college, or a trade school, the less likely they are to have a winning case. It's because you may be able to take that education and transition into some type of sedentary work.

 

Now, the top 5 reasons you will lose your Social Security disability case:

 

1. You're young.

 

Depending upon your age, the Social Security Administration classifies you into such categories as: younger individual, one that is closely approaching advanced age, an advanced age person, and one that is closely approaching retirement age. If you are a younger individual, the more likely it is there is some type of work within the national economy you are capable of performing. By and far, those under the age of 50, will find it harder to win their disability claim. You will essentially have to show you are not capable of performing sedentary work. That is sometimes very hard to do.

 

2. You only have a mental impairment.

 

If you are bipolar or suffer from depression, it is going to be very hard to win your case. It's not impossible, but the odds are not in your favor. One of the reasons why the Social Security disability denial rates are so high, is that so many claims are made for mental impairments only. When you go to the doctor, your allegations are simply subjective, in that there are no tests (x-rays, MRI's, blood work, etc.) to show you are so depressed you are unable to work. Further, the chances of showing that you are even unable to work at unskilled work with very simple job instructions is very hard to overcome.

 

3. You recently graduated from college or high school.

 

If you just graduated from high school, then this is going to place you more than likely as a younger aged individual. And, as we discussed above, the younger you are, the more likely your claim is going to be denied. If you are an older person and you just graduated from college (you went back to school), then even if you fit within the correct age bracket, you may have transferable work skills now which would allow you to do some type of sedentary work.  Again, and sadly these are the rules, the more education you have, the less likely you will be found disabled.

 

4. You just stopped working.

 

The rules are not set up in your favor, they really aren't. Even if you just had to stop working due to your condition, you are going to have to wait at least 5 months before the Social Security Administration will even look at your claim. This is what is called a "medical hold." If you get one of these, this means the Social Security Administration is waiting to see what will happen to your condition. Again, if the Administration believes your condition will likely not last 12 months or more, then your case will be denied.

 

5. You haven't worked long enough and you're married.

 

By and far, the biggest reason why cases are disapproved is because a person cannot qualify due to nonmedical reasons. Here is the likely scenario: You either stopped working more than 5 years ago or your work history is spotty at best. And, on top of that, you have a spouse who earns too much money each month. In other words, you are unable to qualify for SSDI benefits because you haven't earned enough work credits, and you cannot qualify for SSI benefits because your household income is too high. If that's the case, then even if your condition is life threatening and you may be at death's door, you do not qualify for disability benefits. 

 

We help claimants throughout Texas and California fighting for their disability benefits. If you need us, you can always contact us at: (888) 780-9125. 

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