Why is it So Hard to Win Disability Benefits if Your Impairment is an “Invisible Disease”?

Parmele Law FirmSocial Security, Uncategorized

It’s no secret that almost 75% of all applications for Social Security Disability Insurance benefits (“SSDI” or “disability benefits”) are initially denied by the Social Security Administration (SSA), and that it can take up to 2 years to get a hearing once your claim has been denied.

This may make you ask yourself, can winning disability benefits get much worse?

Well, yes, it can.

If you have an “invisible disability” being awarded disability benefits can be even more of a challenge.

Disability Benefits.

Before you can be awarded SSDI benefits, you must be eligible for benefits. To be eligible, you need to meet 2 specific criteria:

  1. You must meet the SSA’s definition of “disabled”, and
  2. You must have earned enough work credits during your work history to qualify you for SSDI benefits.

This may sound simple, but it is not.

The administration of Social Security disability benefits is a highly technical and confusing area of law. The process is a long and difficult one and it is filled with medical and legal rules and regulations.

Presenting your case at every step in the process requires careful preparation, clear and convincing argument, sufficient medical evidence, and credible testimony.

In our experience, people who are represented by counsel have the best chance of getting disability benefits. As we see it, the sooner you bring counsel into the process, the better your chances are of being awarded the disability benefits you need.

Invisible Disabilities and SSDI.

The so-called “invisible disabilities” are severely disabling conditions that are not immediately apparent to the naked eye, or which do not have a clear-cut cause for the person’s condition. Some conditions that fall into this category are neurological conditions, chronic pain, chronic dizziness, fatigue, anxiety, depression and other mental disorders.

Invisible disability cases tend to be more difficult to prove not only because of an existing bias against claimants with invisible disabilities —many people simply do not believe a person is ill when outwardly they look fine—but also because the medical evidence needed to prove these cases is oftentimes missing.

Conditions that are difficult to establish with objective medical evidence can be very hard to win.

Because medical evidence is so critical to any SSDI case, it is especially important for those with invisible diseases or disabilities to have long-time treatment records from reputable mental health professionals and evidence of the severity of their condition. Medical records that show the length and severity of the condition, such as multiple hospitalizations, and unsuccessful treatments with multiple medications and other therapies, can be most helpful.

“Invisible disability” cases may be more challenging to prove, but it is possible to win disability benefits if you have an “invisible disability.”

To find out more about your chances of success given your personal situation, consult with experienced disability counsel.

Fighting the Good Fight.

We are passionate about what we do. If you are applying for disability benefits or have been denied benefits, call us. We are experienced disability attorneys who practice only disability law. We have helped many people get benefits and we can help you, too. We have offices throughout Missouri. We also have offices in  Overland Park, Salina, Topeka, and Wichita Kansas, several cities in Illinois, and  in Tulsa and Oklahoma City, Oklahoma. We offer free consultations and we do not get paid unless you win your case.  Connect with us on Facebook or LinkedIn or   contact us here to set up your free appointment.