Our Disability Attorney in Los Angeles Explains Why Your Claim Could Be Denied in Error
Posted on :May 7, 2015Byjpadmin
Having a medical condition that prevents you from working adds stress beyond your physical suffering and coping with your disability. How will you make an income when you are physically unable to? The purpose of Social Security Disability Insurance (SSDI) is to help relieve some of your financial burdens. Unfortunately, many applicants give up too soon once their initial application for SSDI benefits are denied. Retaining a seasoned disability attorney in Los Angeles to assist you throughout the application and appeal process will increase your chances of a successful application.
The Disability Determination Service (DDS) claims examiner and/or medical consultant who reviews your medical eligibility for SSDI benefits may erroneously deny your claim for several reasons, which can be remedied during an appeal:
- Lack of sufficient medical support for your impairment because DDS failed to obtain all your medical records or did not follow-up with your treating physician for missing records or clarifications.
- Excessive focus on whether your impairment is in the Social Security Administration’s “listing of impairments,” which contains severe medical conditions that is presumed to be disabling. If your medical condition is not listed, DDS may likely deny your claim. A disability attorney in Los Angeles would argue that the severity of your medical condition is equal to one of the medical conditions in the listing.
- Overestimating your residual functional capacity (RFC), which is the most you can do despite your limitations.
- Inaccurate assessment of the demands of your prior job causing DDS to erroneously believe you can still perform all your prior job duties despite your disability.
- Failure to consider all your impairments, symptoms and limitations. DDS may wrongfully overlook self-reported impairments, symptoms or limitations that cannot be measured with medical tests even if they are debilitating.
Seek a Disability Attorney in Los Angeles
Even if your initial application for SSDI benefits is denied, don’t give up hope. Consult a tenacious disability attorney in Los Angeles with Lowenstein Disability Lawyers, A Law Corporation at (800) 954-7752 to assist you with your appeal.