Typically, the denial letter will say something like this (look on the last page, near the last paragraph):
"While you are not able to perform your last work, there are other types of work that you would be able to perform."
This is what we call a "Step 5 Denial," or denial based on the belief that you can still perform certain, easier or less demanding jobs.
The problem is that Social Security has assigned you an erroneous "Residual Function Capacity" or RFC. Simply defined, your RFC is "the most you are able to do in terms of work related activities." Social Security has probably assigned you the ability to perform jobs in the sedentary or light exertion range. In truth, you are probably not able to perform light or sedentary work and are disabled.
What is the proper method to challenge Social Security's mistake? The answer is to file an appeal and ask to appear before an Administrative Law Judge (ALJ). While the appeal process is time consuming (and often confusing for claimants), it is the only way to get benefits once you get a denial letter. And with the help of an advocate or professional who knows the ropes, it is not all that intimidating.
To challenge Social Security's belief that you are able to "perform certain types of work," your advocate or representative will take the following steps:
- Make sure you have medical records in your file to support your severe symptoms.
- Obtain specific evidence from your doctor to show your work-related restrictions.
- Make a written argument to the judge showing how the medical evidence supports disability according to the federal regulations.
- Prepare oral arguments to be used at your hearing--concisely outlining why you are eligible for disability benefits.
- Prepare you for the hearing and how to give effective testimony to help the case.
- Attend the hearing with you to help assure that your evidence is interpreted correctly and that problems get solved.
FREE ATHENS SOCIAL SECURITY DISABILITY INFO
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