Over 75% of Social Security disability claims are initially denied. Here is why…

Social Security was not originally created to insure the disabled

Social security was originally created to provide income to persons when they retired upon reaching a certain age. It was intended to allow a worker to pay into the retirement system during his working years and then use social security to replace his working income when he reached an age that he could no longer work. It was not originally intended to provide benefits to disabled people. When Social Security was changed so that it would provide income to people with disabilities the Social Security Administration (SSA) adopted a strict definition of disability to make sure it was only those who could truly not work that would get benefits.

Some claimants abuse the system

We live in a cynical world and unfortunately there are some clients that file for benefits without a legitimate disability just because they do not want to work. This leads to the system being even more strict and skeptical when people apply for their benefits.

Anyone can file a claim

This fact, coupled with the fact that some people file false claims, means that the system will be clogged and the SSA will be skeptical of those filing claims. Additionally, each claimant receives the same treatment and very few are weeded out very early on in the process. This makes the process wieldy and time consuming.

Depending on where you live there is a built in bias

Different states have different degrees of acceptance levels. The Southern states are more likely to deny claimants while Northeastern states are more likely to accept them. It is hard to pinpoint the causes, but it is unquestioned that a culture of denial exists in certain states. Thus, simply because you live in a certain area, your chances for getting benefits are less.

The SSA is a government entity and not a private company that would have to answer to its shareholders

The SSA is an agency of the federal government. They are funded by taxpayer dollars and can basically keep chugging along because it is immune to bad media or other negative perceptions. The money keeps coming no matter what. A private company has to react to negative attention and results, because they could go out of business. The government never goes out of business so it is much harder to get the agency to react, adapt and change.

Why you need a lawyer

With all of the reasons listed above it should be obvious why you need a lawyer. A lawyer will know how the system works and be able to guide you through the process and give you a better chance to reap successful results. Call KM&A for a free consultation on your disability benefits eligibility.[1]

[1] Berkley, Benjamin H., Win Your Social Security Disability Case, (Sphinx Legal, 2008)