Here's a question we often get: "My insurance company found me to be disabled and is paying me a long term benefit. But Social Security says I am not disabled and will not pay me a benefit. How is this possible?"
It's possible for three reasons:
First, Social Security has their own definition of "disability." To them, it means 100 percent disability to the point of not being able to perform any type of full time work. If the SSA finds that you can still be a surveillance system monitor, a laundry folder or a ticket taker, they will deny your claim. Their definition of disability is the most restrictive of anyone I can think of. An insurance company may have a much less restrictive definition. To them it may simply mean that you are not able to continue doing the job to which you are prepared by education, training and experience. They don't expect you to switch careers and become a laundry folder or ticket taker.
Second, Social Security is entitled to make their own decision about who is disabled. They are not required to accept anyone else's decision, even decisions by other federal agencies. For example, you might be disabled under rules of the Veterans Administration but not under the rules of the Social Security Administration.
Third, Social Security requires 100 percent disability, while some other agencies and some insurance companies will approve disability benefits for less than 100 percent disability. For example, the Veterans Administration will award benefits for a partial disability. Workers Compensation may pay benefits for less than 100 percent disability. But Social Security will not.
It is proving that you are 100 percent totally unable to work ANY job listed in the Dictionary of Occupational Titles (DOT) that is so difficult with Social Security.
A very high percentage of SSDI claims get denied. The next step is to appeal the denial and ask for a hearing. The hearing is the best chance to win your claim, especially if you have professional representation who understands the complex set of regulations that Social Security employs.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMAIL US: forsythefirm@gmail.com
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