Also see "What not to do at your hearing" in our Social Security Disability Video Library.

Chattanooga Tennessee Social Security lawyer explains disability evaluations and appeals

Applicants and potential applicants for Social Security disability benefits in Chattanooga and surrounding areas in Tennessee and northern Georgia often ask me “Do I qualify for disability benefits?” and “Should I appeal the denial of my claim?”  I provide this 100-page website to answer those and other commonly asked questions about the Social Security claims process.

Do I qualify for disability benefits?

The Social Security disability determination process is complex, technical, and hard to navigate without assistance from a Chattanooga Tennessee Social Security lawyer. The disability evaluation rules sometimes don’t make sense to claimants.  For example, you will not be found disabled solely because your doctor says you are.  You will not be found disabled because you can’t find an employer who is willing to hire you due to your medical problems.  And you will not be found disabled because some other agency, such as the Veterans’ Administration or Workers’ Compensation, has awarded you disability benefits.

The Social Security Administration has its own unique definition of disabled that you must satisfy to qualify for benefits.  Your age, education, recent jobs, and most important, ability to work, are what count in evaluations of Social Security disability claimants.

The Social Security Administration uses the following five-step disability evaluation process to determine whether you satisfy its definition.

Step one: No substantial gainful activity. To qualify for benefits, you must not be working or, if you are working, your job must not constitute “substantial gainful activity.”  This means it must pay below a minimal monthly amount specified by the Social Security Administration and must involve no more than minimal duties.

Step two: A severe impairment. You must have a severe medically determinable impairment.  This means you must have a physical or mental condition that can be established through medically acceptable diagnostic techniques and that materially limits your ability to perform basic work functions.  The condition must also have lasted or be expected to last at least 12 months or result in death.

Step three: A listed impairment. Social Security regulations known as the Listings of Impairments contain criteria for assessing the severity of a number of common physical and mental conditions.  If your medical findings and symptoms meet or equal these criteria, the Social Security Administration presumes you are disabled and you will be awarded benefits.  If your impairment does not meet or equal a listing, your claim moves on to Step four.

Step four: Inability to do past work. You must not be able to do past relevant work.  This means you must be unable to do the easiest job you held in the past 15 years. In making its evaluation, the Social Security Administration will compare your current ability to work, or residual functional capacity, to the physical and mental demands of your easiest job.

Step five: Inability to do other work. You must not be able to do other jobs that exist in the national economy in significant numbers.  In making this determination, the Social Security Administration considers your age, education, work experience, and remaining capacity for work.  The older you are, the easier it is to satisfy Step five.

For more information on whether you are disabled for Tennessee Social Security disability purposes, see the video Are You Likely to Qualify at the top of this page.

Should I appeal if my application for Social Security disability in Tennessee is denied?

Yes, you should definitely appeal.  The biggest mistake that Chattanooga, Tennessee, and northern Georgia applicants make is giving up too soon and failing to appeal a denial.

The denial rate for initial applications is high—about two-thirds. The news is much better for those who appeal.  Over half of all Social Security disability claimants who appeal are ultimately awarded disability benefits.

You may wonder why this discrepancy exists.  Here are two common reasons why the success rate for appeals is higher than for applications.

1. Live hearing vs. paper review. An appeal results in a Social Security disability hearing before an administrative law judge.  The hearing gives a claimant and the claimant’s disability lawyer the opportunity to present the case in person. The claimant can describe for the judge how pain and other symptoms limit his or her activities.  A disability lawyer can call witnesses who know the claimant and can attest to the effects of the claimant’s impairments on daily life.  And the judge can appreciate these effects simply by watching the claimant. Read Tips for effective hearing testimony and watch the video “What not to do at your hearing” for advice on how to describe your limitations to the judge.

A denial of an initial application or request for reconsideration, on the other hand, is based solely on a review of the paperwork in the claimant’s file. Without the opportunity to hear from the claimant and witnesses in person, disability examiners often emphasize medical records over other evidence.  And they sometimes fail to grasp the extent to which a claimant’s pain and other symptoms limit what the claimant can do.  See Proving your pain and other symptoms for an explanation of how Social Security decision makers evaluate your statements about your symptoms.

2. Missing medical records or other evidence. Claims can be denied because evidence is not in the claimant’s file.  For example, doctors may fail to send all the of the claimant’s medical records to the Social Security Administration; the records may be illegible, too old, or otherwise inadequate; the records may be sent in the wrong patient’s name or placed in the wrong file; or the doctor or claimant may have neglected to complete a form sent by the Social Security Administration.  A Tennessee disability attorney can review the claimant’s file to make sure all relevant evidence, including all medical records from all treating doctors, is included to be considered by Social Security Administration decision makers.

There are many other possible reasons why the Social Security Administration may incorrectly deny a claim.  Whatever the reason may be, do not let the denial of your application for Social Security disability benefits discourage you from appealing.  For more information see Advice for appealing a denial of Social Security disability benefits.

Get help with your Tennessee or Georgia disability case

If you live in Chattanooga, southeastern Tennessee, or northern Georgia and want assistance with your Social Security disability case, I can help.

Please provide a brief description of your claim using the form to the right, and I will respond promptly.  Or you may contact me at:

Herbert Thornbury

Chattanooga Tennessee disability attorney

E-mail us
Phone: 423-267-5555, 423-756-6620
Toll-free: 800-506-8258
Fax: 423-265-4220

732 Cherry Street
Chattanooga, Tennessee 37402