There are many reasons your claim for Social Security Disability benefits could get denied. Sometimes the reason is simple. Perhaps you did not fill out the paperwork correctly, missed a step in the process or did not provide all the required documents.
But sometimes you are denied benefits because there is not enough evidence to prove you are disabled. This can be incredibly frustrating and leave you feeling angry, bitter and upset.
While you might feel like your benefits claim was denied because the Social Security Administration (“SSA”) believes you are lying about your disability or exaggerating your symptoms, the truth is that many applications for Social Security Disability benefits are denied because the right evidence was not presented.
Appealing a denial of benefits
You have the right to appeal a denial of benefits based on a determination that you are not disabled. After you appeal, an appeal hearing is held. This hearing is your chance to present testimony and evidence that you are disabled.
The SSA is no longer allowed to decide if your testimony is “credible,” or believable. However, it is still important to appear credible when you testify to increase the chance of winning your appeal. Here are some tips that can help.
Be ready to answer questions from the judge. Always be honest. Remember that you do not have to appear as if you are near death to qualify as disabled.
Additionally, many judges can sense when someone is exaggerating their symptoms or being unrealistic about their limitations.
For example, if you can lift small items, but not large ones, do not say that you cannot lift anything at all. These types of broad statements often sound questionable. Be truthful about what you can and cannot do.
Describing your pain
Be detailed and use descriptive language when describing your pain. If you are talking about pain in a specific area of your body, say exactly where it is. The hearing is being audio recorded so if you point to an area of your body that will not be recorded as evidence.
Use words that help the judge understand exactly what your pain feels like. Examples of descriptive words are “stabbing” or “shocking.” Try to create a picture in the judge’s mind about what it feels like to live with your pain, rather than only telling the judge that it “hurts.”
Part of the reason for your denial might have been because there was evidence in the record that showed that you did things that made it look like you were lying about your disability. An example would be said you could not bend over but there is evidence showing you were recently at a yoga class.
The hearing is your chance to explain your side of the story. Perhaps you tried a yoga class but had to seek medical treatment after because the movement was so painful.
Proving a mental disability
Proving a mental disability is often more challenging than a physical disability. If you have a mental disability, it is important to provide documentation such as doctor’s reports, to back up your testimony.
The appeal process involves filing paperwork within certain deadlines and preparing to provide strong testimony to prove your disability. This can be stressful and challenging, especially if you are living with daily physical or mental pain. It is best to have guidance and advice when preparing.
