Social Security Denies Disability Benefits Despite Doctors Opinion
Q: I suffered severe injuries from a work-related accident. My Doctors have declared me totally disabled. I submitted these reports to the Social Security Administration and I was still denied disability benefits. Doesn’t Social Security have to listen to my doctors?
A: Social Security operates under federal law. Workers’ compensation injuries are based on state law. Federal law requires the Social Security Administration to “consider” the statements from your doctors. However, Social Security will apply its own criteria to determine whether you meet the definition of disability. It is possible that your doctors’ reports were not specific enough for Social Security. It is also possible that Social Security believes that you could do some other kind of less demanding work.
You should appeal the Social Security denial and get some assistance, including getting more specific reports from your doctors regarding your limitations and how they affect your ability to work. You can contact a lawyer who understands the Social Security Disability rules and what is needed to prove a disability claim. There is no fee for a consultation and an attorney is only paid if your application is approved.
Philip H. Garrow
Attorney at Law
Practiced Limited to Workers’ Compensation Cases and Social Security Disability/SSI Claims