| Burton &McKinnish, PLLC Attorneys at Law |
Experience
Equals
Results
Equals
Results
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M Y T H S
1. Everybody gets turned down at least three times before being
approved.
TRUTH: This myth is almost a statistical truth. About 76% of all
Social Security disability claimants will be turned down at the
initial level. Tennessee has the lowest approval rate in the
country at the initial level. There are several important things
you can do at the initial level to increase your chances of being
approved the first time. The good news is that your chances of
approval is significantly increased when your claim is reviewed by
an Administrative Law Judge.
2. I will be approved for Social Security disability because I
have a Doctor's letter stating that I am disabled.
TRUTH: A letter from a Doctor can be a very important piece of
evidence in your claim for disability benefits, it will rarely
make the difference in being approved or denied. The reason for
this is two-fold; Doctors rarely send medical reports to support
the letter stating a patient is disabled. Without supporting
medical evidence, Social Security will not approve your claim on
the Doctor's letter alone. Secondly, a Doctor could not write a
letter explaining how you fit a LEGAL definition of disability but
rather how you fit a MEDICAL definition of disability. An attorney
can help your doctor write a letter describing how you fit into
both definitions of disability.
3. You will receive an decision on your disability claim within 60
days.
TRUTH: There are no deadlines on making a decision on your claim.
It just doesn't exist. It is not uncommon for an initial decision
to take 90-120 days or longer. This is usually not an indication
that your claim is going to be approved or denied.
4. Being approved for VA benefits means that I will automatically
be approved for Social Security benefits.
TRUTH: Social Security makes its own independent evaluation of
your disability. Only recently has regulations been passed that
the Social Security Administration even consider a VA decision. A
problem with this comparison is that the VA can find a person to
be under a percentage of disability. (Ex. 75% disabled) While the
Social Security Administration uses no percentages of disability.
approved.
TRUTH: This myth is almost a statistical truth. About 76% of all
Social Security disability claimants will be turned down at the
initial level. Tennessee has the lowest approval rate in the
country at the initial level. There are several important things
you can do at the initial level to increase your chances of being
approved the first time. The good news is that your chances of
approval is significantly increased when your claim is reviewed by
an Administrative Law Judge.
2. I will be approved for Social Security disability because I
have a Doctor's letter stating that I am disabled.
TRUTH: A letter from a Doctor can be a very important piece of
evidence in your claim for disability benefits, it will rarely
make the difference in being approved or denied. The reason for
this is two-fold; Doctors rarely send medical reports to support
the letter stating a patient is disabled. Without supporting
medical evidence, Social Security will not approve your claim on
the Doctor's letter alone. Secondly, a Doctor could not write a
letter explaining how you fit a LEGAL definition of disability but
rather how you fit a MEDICAL definition of disability. An attorney
can help your doctor write a letter describing how you fit into
both definitions of disability.
3. You will receive an decision on your disability claim within 60
days.
TRUTH: There are no deadlines on making a decision on your claim.
It just doesn't exist. It is not uncommon for an initial decision
to take 90-120 days or longer. This is usually not an indication
that your claim is going to be approved or denied.
4. Being approved for VA benefits means that I will automatically
be approved for Social Security benefits.
TRUTH: Social Security makes its own independent evaluation of
your disability. Only recently has regulations been passed that
the Social Security Administration even consider a VA decision. A
problem with this comparison is that the VA can find a person to
be under a percentage of disability. (Ex. 75% disabled) While the
Social Security Administration uses no percentages of disability.