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Claims ESP Disability Referral Network for Claimants

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Some Reasons Your Disability Claim Might Not be Accepted By an Attorney for Representation


 

Here is how the Social Security Administration defines disability under its programs:

 

 Social Security Disability Requirements...

Disability under Social Security for an adult is based on your inability to work because of a medical condition. To be considered disabled:
  • You must be unable to do work you did before and we decide that you cannot adjust to other work because of a medical condition.
  • Your disability must last or be expected to last for at least one year or to result in death.

Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability.

For adults, we use a five-step evaluation process to decide whether you are disabled under Social Security. The process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, we recommend that you read the publication, Disability Benefits(SSA Publication No. 05-10029)

 

Source: Social Security Disability FAQ Section




 

Given that brief definition, and taking into consideration SSA's five step disability evaluation process which is used to determine if you are disabled, there are at least a few reasons your claim might not be accepted by our attorney or disability representative.

Another Attorney is Already Representing You

One of the most common is if you already have an attorney representing you, or have signed an agreement for representation, and it is still active.

Your Condition is Expected to Resolved within 12 Months

Another is if it is felt that you do not have a reasonable chance of winning your claim nappeal. For instance, you may have a disability that is expected to resolve within 12 months. Cases involving fractures or broken bones, such as a leg or a arm will generally not be accepted unless you have documentation indicating that the fracture has failed to heal properly, i.e. a non-union fracture, or it is still unhealed after a year has lapsed.

You Are Working a Full Time Job

These claims will be evaluated individually. If you are earning over the legal income limit threshold established by SSA, then it will be difficult to impossible to get you pass Step 1 of the Five Step Sequential Evaluation process that SSA used to establish disability.

Your Disability is a Non-Severe One

To be eligible for Social Security Disability or SSI benefits, your medical condition must be a severe one that is disabling. If it is determined, based on our years of experience in adjudicating or representing claims, it is determined that your condition will not have a chance of winning an appeal, then we try not to waste your time.

This list is not all exhaustive, and each claim will be fully evaluated on the merits of the evidence supporting it.

 
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