Jonathan H. Poznansky, Attorney at Law

How common are Social Security Disability claim denials?

It is clear that living with a disability presents many challenges. We talk a lot on this blog about how to build a strong Social Security Disability claim. Obviously, developing legal arguments that are supported by solid evidence increase the chances that one will succeed with his or her claim, allowing for benefits to be obtained. However, many New Yorkers are disheartened to discover that their initial claim, for whatever reason, is denied. As troublesome as that may seem, it is not the end of the road. This is because numerous appellate options exist.

Those who choose not to appeal a denied claim are simply minimizing their chances of recovering the money they desperately need. From 2001 to 2010, an average of 28 percent of initial SSD claims succeeded. This means that the vast majority of initial claims are denied. The highest approval rating during that time period was 37 percent. However, another 16 percent of claims, on average during that time period, were approved after reconsideration or an appellate hearing.

So what does this mean for SSD claimants? It means that even if their initial claim is denied, disabled individuals need to consider how best to present their case on appeal. Even if their case seems open and shut, the fact that more than half of all claim are denied should put a claimant on edge. However, after an initial claim is denied, additional documentation and legal arguments can be presented in hopes of recovering much needed benefits.

Fortunately, those who have the assistance of an experienced disability claims attorney usually stand a better chance at succeeding. This is because these attorneys know how to spot claim weaknesses and how to gather evidence to strengthen them. So, those who have suffered an injury or illness that has left them disabled and unable to work should think about discussing their situation with an attorney in hopes of maximizing their chances of success on a SSD claim.

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