WHY YOU WERE DENIED

The state you live in makes the initial decision on your Social Security disability application, often a denial. The state agency is called the Disability Determination Service (DDS). Lawyers jokingly call it the Disability Denial Service (DDS). Here's why the DDS denies so many disability applications:

1) The claimant does not meet a Listing. A "listing" is a list of severe impairments in the Social Security "Blue Book," and the book sets forth a very strict set of medical criteria that must be proven before a listing is met or equaled. Probably 1 out 10 applicants can met a listing because the criteria are so strict. If you don't meet all the criteria for a listed impairment, DDS has a tendency to deny the claim--even though the claimant may otherwise have a legitimate and legal disability.k

2) The application is a strictly impersonal process. You do not meet face-to-face with any decision maker. They simply look at your medical records and work history, along with all the other forms you submit.

3) Even when the claimant has a legitimate disability, there may not be enough objective medical evidence available for approval. If there are no X-rays, MRIs, CT scans or laboratory findings, and few if any doctor's visits/evaluations, it may result in a denial just because of a sheer lack of objective evidence.

4) The attitude at DDS seems to be: Deny the cases with any question, ambiguity, problem or less than obvious disability. If we make a mistake, somebody will sort it out on appeal. They simply do not approval doubtful cases.

5) Lately, more and more claims at DDS are decided by a single decision maker--someone who is not a doctor and has no medical qualifications at all. There may not be a referral of your files to an in-house doctor or psychologist for review. In such a case, Social Security law dictates that the decision maker's opinion that you are not disabled is NOT a medical opinion and is entitled to no weight in the appeal that will follow.

This makes it imperative that you appeal your decision. And you must appeal within 60 days of the denial letter from DDS.