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CJ Henry Law Firm, PLLC

Was My Social Security Disability Benefits Claim Denied in Error?

  • Published: January 25, 2012

You try to work but cannot because of your medical condition. You apply for Social Security disability benefits and are shocked when your claim is denied. Do not let the denial of your claim discourage you. Appeal until you get a hearing before an administrative law judge.  Many claims are denied initially, but then granted after a hearing. It is quite possible that the Social Security Administration made a mistake in denying your claim for disability benefits. In fact, common mistakes found in claims denied by the Social Security Administration and later granted on appeal include:

  • Failing to gather your complete medical records and other medical evidence to establish that you are disabled because your impairment “meets or medically equals” a Listing impairment;
  • Not considering the effect of all your impairments on your ability to work;
  • Not considering the effect of all of your symptoms on your ability to work;
  • Underestimating the severity of your pain and other symptoms;
  • Overestimating your education level by relying on school records that show what grades you have completed when your actual current education level is lower;
  • Underestimating the level of exertion required by your former jobs and incorrectly concluding you are still capable of performing them; and
  • Overestimating your current ability to work, i.e., your residual functional capacity, by failing to consider limitations on your ability to perform work-related tasks such as walking, standing, sitting, lifting, carrying, and following directions.

An experienced Florida disability lawyer can review your denial letter, speak with you and your doctors about the facts of your case, and take steps to correct an erroneous denial of benefits. If you believe your claim for Social Security disability benefits was improperly denied, contact Ocala disability lawyer Claudeth Henry to assist you with your appeal.

 

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More