When your disability application is submitted, your file is turned over to a designated state office that actually reviews your medical records and any other documentation you submit along with it. A question many Rogers social security disability lawyers are asked is whether obtaining disability status through the Veterans Administration means automatic approval for social security disability benefits. Unfortunately, the answer is no.
What needs to be proven to support a social security disability claim?
You are considered disabled “if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s).” Put more simply, you need to be able to demonstrate that, out of all of the available jobs in the United States, there is no work you can do. The Social Security Administration expects that your disability will last for at least one year or result in death. Our Rogers social security disability lawyers can help you prepare your claim right the first time.
Consideration of your VA rating is required
While a VA disability rating does not automatically guarantee social security disability benefits, the Social Security Administration is required to take into account your VA rating and the findings of the VA as to your disability status. In most cases, your VA medical records will have very valuable information if you have been determined to be disabled.
Social Security disability ratings are not the same
Unlike the VA, Social Security does not use percentages of disability. Instead, the Social Security Administration basically imposes an all or nothing disability status: either you are disabled or you are not. In Rogers, the specific office that makes a disability determination is called the Arkansas’s Disability Determination for Social Security Administration.
Keep up with the status of your application
After you have submitted your application for Social Security disability, it is important to keep checking on the status of your claim. There is always a chance that your paperwork could be misplaced, slip through the cracks so to speak, or the agency may neglect to inform you that your claim has been denied. Without knowing the status of your claim, you could be waiting around for nothing, only to find out later, some action was needed, or your claim had already been denied.
Denial of social security disability claims is common
Statistics show that the majority of social security disability claims are denied the first time. According to some reports, around 65% of all claims are denied when they are first filed, and nearly 85% are denied on appeal. Clearly, knowing some of the common mistakes that result in denial would be beneficial. Probably the most important thing you can do is consult with experienced Rogers Social Security Disability lawyers before filing your initial claim.
Do not miss your appeal deadline if you are denied
If you are one of the many applicants whose applications are denied the first time you should file an appeal. If that is the case, it is crucial that you do not miss your deadline for appealing. Missing the deadline is always a basis for denying an application or a reconsideration of your application. The deadline for requesting a disability hearing in front of an administrative law judge (ALJ) is 60 days from the date your disability claim was last denied.
Do I need to comply with all of my doctor’s instructions?
Yes, it is very important to comply with your doctor’s instructions if you want a chance at obtaining approval of your social security disability claim. Social Security also assesses the validity of a disability claim by determining whether you complied with the doctor’s recommended treatment by following your doctor’s advice, taking your medication as prescribed, using assistive devices as ordered, and keeping your medical appointments. Otherwise, your failure to follow your doctor’s recommended treatment may lead Social Security to conclude that your condition is not as severe or limiting as you have represented.
Will my doctor help support my claim?
In many cases, your treating physicians will help support your claim by providing the necessary documentation of your condition. However, there can be many different reasons why doctors are reluctant to help disability claimants. Some reasons include not understanding what is expected, not agreeing with the disability program, or not believing that you are truly disabled. Some doctors simply don’t have the time or money to provide the assessment. Trying to get your doctor’s support depends on the reason they don’t want to help in the first place.
If you have questions regarding obtaining Social Security disability benefits or any other Social Security disability issues in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation, either online or by calling toll-free at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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