Why Partial Sensory Disability Claims are Often Denied

Talk to a Disability Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small
Related Ads

Partial sensory disability claims base on partial visual, hearing and paralysis or neuropathy related impairments or a disability involving conditions less severe than total deafness, paralysis or blindness may be denied by the Social Security and SSI for a number of eligibility related reasons, but most often, the reason for the denial will centrally be that the impairment claimed was not determined to be severe enough to warrant an award of benefits based on the medical documentation and evidence submitted by the applicant and available for review in the file.

System for Rating of Functional Impairments Caused by Disabilities

Social Security will evaluate factors as to the quality and level of your overall functional performance.  They have four broad functional criteria by which they will review and rate the degree of an applicant's functional limitations, (1) activities of daily living, (2) social functioning, (3) concentration, persistence, or pace; and (4) episodes of mental decompensation.   When rating the degree of limitation in the first three function areas they use a five-point scale: none, mild, moderate, marked, and extreme.  The "extreme" rating is a degree of limitation that will be found incompatible with the ability to do any gainful activity.  If they rate the degree of your sensory limitation within the first three functional areas as "none" or "mild" they will generally subsequently conclude that the sensory impairment(s) is not severe and deny the claim, unless the medical evidence in the file indicates that there are other more than a minimal limitations on an applicant’s ability to do basic work activities.

If your partial sensory disability claim has been denied by the Social Security or the Supplemental Security Income program it may be very important to appeal that unfavorable decision by taking the initial step of submitting a written request for reconsideration on the form provided by Social Security within the sixty day time period allotted for the filing of an appeal.  

Getting Legal Help

If you or a member of your family has had a partial sensory disability claim denied by the Social Security or SSI it may be helpful to discuss the circumstances of the partial sensory disability and the denial of benefits with a disability attorney.  An attorney can review the application and related medical evidence of the disability submitted for review along with the Social Security response notices to determine if an appeal of their findings is an option.  He can provide guidance and assistance for the disabled person and his family through the appeal process and the provision of additional medical evidence detailing a qualifying disability condition.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

LA-WS5:0.9.17.120208.12696+