Have you filed a claim for Social Security Disability benefits? Disability claims may be denied for many reasons. Some are denied because it is determined that the claimant can return to their past relevant work. Normally, that means that they can do any one job that they may have done in the past fifteen years. Sometimes, a claimant may be denied because it is determined that they can perform some other type of work even if they are unable to do their past relevant work. Such a determination is based on the claimant’s age, education, work experience, skill level, and level of functional limitations. This is called the claimant’s Residual Functional Capacity (RFC).
Often, claims are denied simply for a lack of medical documentation. It is very important for a disability claimant to furnish a detailed and accurate history of medical treatment for the injury or disability that prevents them from working. If the disability examiner is not made aware of those records, they will have nothing upon which to base a favorable decision and you will be denied disability benefits. Sometimes it is the lack of documentation of the claimant’s disability within the medical records which causes the denial of benefits. For instance, perhaps the treating physician did not include any statements regarding the patient’s current level of functioning and the functional limitations that would prevent him or her from engaging in work activities.
Of course, if the claimant does not follow through with medical treatment or does not seek the proper treatment for her disabling condition she will almost assuredly be denied disability benefits. Even if the claimant has a condition for which there are few treatment options, it is extremely important to follow through with all available options. From Social Security’s point of view, a history of medical evidence from the date of onset through the present is necessary for you to prevail on your claim for Social Security Disability benefits.
An attorney experienced in Social Security Disability claims can help make sure that all of the necessary facts are presented in the initial application, the reconsideration stage and at the administrative hearing level. If you are about to apply for Social Security Disability benefits or have already been denied, you should consult with an attorney who understands the details of the system and what is required to prevail. The law firm of Lesser, Lesser, Landy & Smith, PLLC represents disabled persons who are seeking Social Security Disability or Supplemental Security Income benefits. Please contact our office for further assistance.
Lesser, Lesser, Landy & Smith- Personal Injury Attorneys since 1927, serving West Palm Beach, Boca Raton and Stuart. Please call our office at 561-655-2028.