Social Security Benefits Denial – Lack Of EvidenceBy Kenton Koszdin on October 29, 2018 | In Social Security Claims Process
A Social Security benefits denial can cause feelings of incredible frustration, especially when it results from lack of evidence. A large percentage of eligible claimants are denied the first time around because they failed to provide sufficient supporting evidence of how their impairment(s) affect their ability to work.
Depending on the nature of your impairment(s), there are a number of variables involved in deciding your claim. Knowing and understanding the conditions under which your claim is being considered is an important factor in receiving an approval of benefits. For instance, if you are experiencing symptoms and pain that prevent you from working, but do not have a medical diagnosis that is consistent with the statement in your application, the claim examiner will deny benefits.
Additionally, many claimants fail to include details of all their impairments, which results in the claim examiner not having enough evidence to arrive at a favorable decision. The good news is, you can appeal a social security benefits denial and may win if the reason provided is “lack of evidence.”
Supporting an Appeal
You have likely heard the saying, “The definition of insanity is doing the same thing over and over again, but expecting different results.” When you appeal a social security benefits denial, knowing that the initial claim was denied due to lack of evidence, do not expect anything to change if you do not build a stronger case.
It is important to think about all your impairments and ensure that you have medical evidence and supporting statements to back up your claim. The claim examiner will look to determine whether your symptoms are consistent with what is reasonably expected from your condition. However, a combination of symptoms of impairment, resulting from different conditions, is often used to determine that a claimant is eligible for benefits.
Your primary care physician plays a pivotal role in whether your benefits are approved or you receive a Social Security benefits denial. The claim examiner will not typically do the work in regard to seeking medical evidence to support your application. The onus is on you to contact your primary care physician and ensure you have evidence that shows you are impaired, details of the severity of your symptoms and pain, and a letter explaining how your condition(s) affect your ability to work.
You can also ask family and friends to provide statements of support. A Social Security benefits application that is denied due to lack of evidence may sometimes occur if you have not supplied a letter from your employer, detailing the requirements of your job. These details are used to determine why your disability means you cannot return to your normal day-to-day role.
If you have received a Social Security benefits denial and are unsure which kind of evidence will best support your appeal, consider hiring a disability lawyer. At the Kenton Koszdin Law Office our team specializes in offering clients robust support throughout the disability claim process. Call today and we will provide you with a free consultation to help us assess your case.