Social Security Disability Denials Are Often Based on Outdated Jobs
The words “Social Security” make many people shudder – and with good reason. Serious reform is needed, but with an aging population, inflation, and taxes, many fear that the trust fund will be completely depleted in just a few years. For those that should be receiving disability benefits from Social Security while they still can, it can be extremely difficult to meet their requirements to get approved. Many claimants each year are blocked from receiving benefits due to an outdated system.
The disability benefits application process is a nightmare
Every day, many people are trying to apply for disability benefits from the SSA. They may be suffering from chronic back pain, hip pain, stroke complications, and more conditions that render them incapable of performing daily tasks. Because of their inability to work a job, they desperately seek funds from the SSA. However, the process to apply for these benefits is an arduous one. It typically takes between three to five months for a disability approval letter to be received – but the vast majority of people are not approved at the initial application.
Some individuals may have waited up to five months to receive their approval letter, only to be stunned to receive a denial instead. You may feel that this was an unjust decision and that they should not be making these types of decisions for you based on their perception of your health condition. They’re not shy in removing the assistance they’re providing to you, either. There are many reasons why they may pull your benefits, even if you’ve been receiving them for a while. For instance, if they notice that your medical condition has improved, even if slightly, they can disrupt your aid.
The appeals process is even more disappointing; so much so, that almost 110,000 people died waiting on these appeals in 2019. Considering that they have almost two million disability decisions to make each year, one can only hope that they try to improve this in the coming years. If you are looking to file a social security disability claim appeal, check here for more information.
Obsolete jobs are being used for the application decisions
The SSA uses a five-step procedure to determine who receives disability benefits:
- They determine if the claimant is earning more than $1,470 a month, or $2,460 if blind.
- They determine if the claimant has a severe impairment or a combination of impairments.
- They determine if the claimant’s condition meets the SSA’s list of impairments that qualify.
- They determine if the claimant can still do the work that they used to do.
- They determine if the claimant can work in other types of jobs that exist in “significant numbers” if they answered “no” to number 4.
The issue rests in the SSA’s claims that these “other jobs” exist in significant numbers. The SSA is using jobs that virtually no longer exist in the nation as determining factors for applications for disability benefits. Jobs such as nut sorters, addressers, egg processors, and dowel inspectors are not common anymore as they were 40 years ago. They’re denying disabled Americans on the basis that they’re still able to find and perform these outdated jobs.
How can a Social Security disability attorney help me?
Starting a battle with the SSA may seem discouraging, but having an experienced attorney at your side may make the process feel easier. They will advocate for you and the benefits you deserve. They will explain how the disability process works, help you file your initial appeal, build up medical evidence, and prepare you for your hearing. They will attempt to prove that your disability meets their requirements and that you cannot work any job – including the obsolete ones that will try to utilize against you.
Whether you’ve already been denied your disability benefits, or you are planning on appealing the decision, get in contact with one of our experienced attorneys as soon as possible. If you have a disability and need their assistance, we can fight alongside you. At Plaxen Adler Muncy, P.A., our various teams throughout Maryland are ready to help you and answer any questions you may have. Don’t battle the Social Security Administration alone. Call us today or book a free, no-obligation case review using our contact form.
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.