Has your Tennessee Social Security disability application been denied? A Tennessee disability lawyer can help.
We help Tennessee Social Security disability claimants in Jackson and throughout West Tennessee with their appeals of disability denials. About two-thirds of people who file Social Security applications nationally are denied, and the numbers are similar here in Tennessee.
More than half of disability claimants whose applications are denied fail to appeal. This is a big mistake because over half of the people who appeal will ultimately be awarded Tennessee disability benefits. If you cannot work, you should appeal the denial of your application and then appeal any denial of that appeal.
Why do state agency decision makers award Tennessee Social Security disability benefits much less often than administrative law judges?
One reason is there are significant differences between the way your disability is evaluated by a Tennessee state agency and the way an administrative law judge will approach the issue. Disability determinations, often involving medical-vocational issues, can be complicated. While Tennessee state agency decision makers must make disability decisions consistent with your medical evidence, they only have a paper file to review. They rarely look beyond the folder’s medical findings to consider your actual ability to work.
Many state agencies often use the Listing of Impairments as the unstated basis for a denial determination, particularly for claimants under age 50. If the state agency did not gather evidence showing that your impairment meets a Listing, you are unlikely to be found disabled.
State decision makers also frequently over-estimate your residual functional capacity (RFC). They tend to apply specific formulas (found in state agency manuals) to determine your RFC for certain medical impairments, thus treating everyone with similar medical findings the same. For example, your disability may limit you to light work while the state agency may have determined that you are capable of medium work.
Administrative law judges, on the other hand, tend to view medical findings as setting the parameters for a range of RFCs, some of which may lead to a finding of disabled. Judges view their role as evaluating the entire case, including your credibility, to determine which possible RFC most closely describes your capacity. Judges find claimants under age 50 disabled because of inability to perform a wide range of sedentary work much more often than state agency decision makers do.
Another reason judges award Tennessee Social Security disability benefits much more frequently than state agencies is that, unlike a state agency decision maker who only has a cold file to review, a judge gets to hear your case in person and observe you, and your witnesses can testify as to your disability.
It is the judge’s responsibility to make an independent decision about your entitlement to Tennessee disability benefits. This decision will not be influenced by the fact that your case was denied at the time of your initial application and on reconsideration. In fact, nationwide and in Tennessee, more than half of judges’ decisions are in favor of the claimant. These are the best odds you have at winning at any step in the entire Social Security appeals system.
An experienced Tennessee disability lawyer can file your appeal
Do not let the denial of your Tennessee application for Social Security disability benefits discourage you from appealing. If your case is denied, an experienced Tennessee disability attorney can help make a difference in whether or not you are successful in winning on appeal.
Social Security disability benefits are awarded far more frequently to claimants with attorneys than those handling their own claims, according to U.S. Government statistics.
We can handle your appeal for you, and take much of the frustration and stress out of what can be a challenging and confusing process. We will apply the knowledge gained from helping hundreds of Tennessee disability claimants navigate the system.
If you retain us, we will advocate for you aggressively. While no lawyer can speed up the Social Security disability process, we promise to aggressively fight for your rights. We also promise to keep you informed. We will explain the disability process to you, and we will always provide you with the latest information regarding your case.
There is never a charge for an initial consultation, and you will pay no legal fees unless you hire us. Clients often tell us that before consulting us, no one listened. No one let them tell their story. We will.
If you live near our Jackson offices or Milan office and your Social Security disability application has been denied, we can help you file your request for reconsideration, or your appeal of the denial of your request for reconsideration and present the strongest case possible at your hearing.
Please provide a brief description of your claim using the short claim evaluation form to your right, and we will respond promptly.
Or you may contact our office at:
Our Social Security disability library can help you find additional information about qualifying for Tennessee Social Security disability benefits
Additional information on appealing, the request for reconsideration and the hearing may be found in our 100-page website. Some of the most helpful materials are:
- Our free e-booklet, Helpful Suggestions for Appealing a Denial of Benefits, provides additional practical advice. See the top right corner of this page.
- See the articles under Your Disability Hearing, located in our Library below, which provide an inside look at the stage of the disability determination process where you are most likely to win.
- Applying for Disability Benefits When…. (also located in our Library below) spells out how the Social Security Administration evaluates particular impairments and provides medical opinion forms.
- The video How the Judge Determines Disability pictured above gives a short and visual explanation of how your eligibility for disability benefits is evaluated by an administrative law judge.
- Complete the Free Claim Evaluation form to your right to receive a no-obligation evaluation of your Social Security disability claim.