What If Social Security Wrongfully Denied You Disability Due to Job Errors?

If the Social Security Administration (SSA) denies your application for disability benefits, the agency will send you a letter that explains why you were turned down. It's important that you read the decision letter carefully because it will explain the reason for the denial. Understanding why you were denied can help you address—and hopefully correct—any errors the SSA may have made when you filed your appeal.

Some of the most common reasons why disability applications are denied is because the SSA thinks that the applicant ("claimant") can either still perform their old job or learned skills at that job that can be used elsewhere. If you were denied benefits because the SSA made erroneous assumptions about the nature of your past work, you have the opportunity to provide the agency with additional information so they can fix the mistake.

Error #1: Social Security Denied You Disability Because It Misclassified Your Past Jobs

At step 4 of Social Security's disability determination process, the agency compares the restrictions in your current residual functional capacity to the physical and mental demands of your past work to see whether you could still do those jobs today. If the SSA finds that you can still do your past work despite your medical limitations, the agency will deny you benefits.

Because step 4 is a crucial stage in making a disability decision, even minor errors about your job can have a major impact on the outcome of your claim. Many claimants, especially at the initial and reconsideration levels of review, may not understand the importance of filling out the Work History Report paperwork with enough detail. The SSA uses the information you provide in the work history report to classify your past jobs according to exertional and skill level. So if you aren't specific enough when describing your job duties, the agency can assume that your past work involved a very different set of physical and mental demands than you actually used.

When you submit your appeal, make sure to accurately describe the requirements of all the jobs you've had for the past five years. For example, if you used to work in a bookstore, don't just write "Bookstore employee." That doesn't tell the SSA whether you spend the workday seated greeting customers or if you had to stand most of the time shelving books. Be detailed about your job duties, especially when they involve tasks that you can't do anymore. If you needed to reach high shelves, squat to clean, lift heavy objects, or operate dangerous machinery, let the SSA know—in specific quantities, such as "20 pounds" or "15 minutes" when possible.

Error #2: Social Security Denied Disability Because it Didn't Review All the Evidence That You Can't Work

Another reason the SSA may mistakenly deny a disability application is that the agency didn't include all the limitations from your medical conditions when assessing your residual functional capacity. Sometimes this happens when a claims examiner overlooks a favorable doctor's opinion or a revealing X-ray already present in your medical records. Or, you simply may not have provided the right medical evidence to show that you have functional limitations preventing you from doing the duties required of your old job.

"Functional limitations" is a term that encompasses a wide range of work-related activities. Make sure Social Security knows about any difficulty you have in the following areas:

• walking, standing, and sitting
• pushing, pulling, lifting, and carrying
• hearing, speaking, and seeing
• typing, pressing buttons, and handling small objects
• understanding and following simple directions, and
• interacting with co-workers, supervisors, and the general public.

Don't forget to submit medical evidence with your appeal showing why you can't do your past job duties anymore. The exact type of evidence you'll need to provide will depend on your particular impairment. For example, if you have back problems, make sure you give the SSA records such as MRIs, CT scans, X-rays, physical examinations, and any other evidence that documents your difficulties with lifting, carrying, or bending.

Error #3: The SSA Denied You Without Considering the Combined Effect of Your Impairments on Your Past Work

Even if you send the SSA all your relevant medical records, the agency might not always incorporate all the functional limitations documented within them into your residual functional capacity. Social Security is required to consider how your medical conditions in combination affect your ability to do your past work, including both "severe" and "non-severe" impairments. If the agency slipped up and didn't address all of your impairments, you can correct this error on appeal.

Severe impairments are those that have "more than a minimal impact" on your activities of daily living. Non-severe impairments are those that barely interrupt your daily routine, if at all. For example, gluten intolerance isn't likely to be considered a severe impairment since the disorder can be managed by avoiding foods containing gluten. But if you develop a gluten intolerance following a digestive tract infection—and all your previous jobs have been in commercial bakeries—then the SSA would be in error if the agency didn't consider how your gluten intolerance would affect your ability to do your past work.

Error #4: The SSA Says You Have Work Skills That You Don't Have

Social Security doesn't just look at your work history to see whether you can still do your old jobs. The agency also needs to see if you acquired any transferable skills that you can use at a different type of work. For claimants not yet 50 years old, transferable skills aren't likely to come into play, because the SSA will assume that you're young enough to learn new skills before you hit full retirement age (typically 67). But for claimants 50 years of age or older, transferable skills become a pivotal factor in determining disability under the medical-vocational grid rules.

The SSA can only consider skills you acquired during your past relevant work experience when determining whether they're transferable to other jobs. Additionally, in order to count as transferable skills, you must have learned them when doing your job as it is "generally performed." If Social Security denied your disability claim because the agency erroneously found that you have transferable skills from past jobs that shouldn't have counted, you can get this error fixed on appeal.

What Is Past Relevant Work?

Social Security goes back five years when reviewing your employment history for past relevant work. (The agency used to review the past 15 years of your work history, but it stopped doing that as of June 22, 2024.) Within this five-year span, the SSA will consider as past relevant work any jobs that you worked at long enough to learn how to do and that you earned enough from to qualify as substantial gainful activity.

Any job that you left after a few days or where you never earned more than $1,500 a month shouldn't be counted as past relevant work. If the SSA denied your disability application due to transferable skills that the agency mistakenly attributed to such jobs, you should address this in your appeal.

Work as Generally Performed

Even jobs that you performed full-time for many years might not count as past relevant work if you didn't do that work as "generally performed." Similar jobs usually have similar duties and requirements from company to company, so when you give the SSA your job title, the agency will assume you did your job the way it was generally performed (and can use your skills in a related position).

But if you didn't do certain tasks of the job as they're usually performed, the SSA doesn't consider you to have gained those particular job skills. For example, the job of gas station attendant, as generally performed, includes preparing daily reports regarding sales of fuel, oil, and accessories, and ordering, maintaining, and stocking inventory. So if your job title was "gas station attendant" but you didn't stock inventory, then you didn't do the job as it was generally performed—and Social Security can't say you gained skills from it to use at other jobs.

Error #5: Social Security Failed to Consider Your Mental Disorder

People with physical disabilities often experience symptoms of mental health disorders as well, such as anxiety and depression. Mental illnesses can have an impact on your ability to work just as physical limitations can—often affecting your concentration, interpersonal skills, and attendance or punctuality.

Social Security is required to take into consideration any restrictions due to mental health disorders when determining what kinds of jobs you can perform. But when applications are mainly based on physical conditions, symptoms from mental illnesses can get overlooked. Even if you aren't getting regular mental health treatment, any signs or symptoms that are present in your doctor's notes can form the basis for including mental limitations in your RFC. Before you appeal, ask yourself if the agency addressed the following factors:

• any current treatment records from a doctor or therapist documenting mental health symptoms
• self-reported loss of interest in doing things you used to enjoy
• difficulties in your focus, concentration, and memory
• medication you're currently taking for mental health symptoms, even at a low dose, and
• any side effects you have from your medication.

If Social Security denied you disability because the agency didn't discuss your medical condition, address the above concerns in your appeal. Don't forget to include the mental health records and contact information of the psychiatrists and psychologists who treat you.

How to Start a Disability Appeal When You've Been Wrongfully Denied

For initial Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denials, you have 60 days from the date you received the denial to file an appeal by requesting reconsideration. At the reconsideration level, another disability claims examiner will review your file to see whether the initial examiner made a mistake when coming to their decision. You can request reconsideration online if you already have an account or you can complete Form SSA-561-U2 and send it to your local Social Security field office.

For SSDI or SSI denials after reconsideration, you have 60 days from the date you received the second denial letter to request a hearing with an administrative law judge. At your disability hearing, you will have the opportunity to speak directly to the judge to correct any errors in your work history. You may also be asked questions from a vocational expert to clarify any vagueness in your job description. If you receive an unfavorable decision after your hearing, you can appeal further to the Appeals Council, although your chances of success at this level are usually pretty slim.

Should I Get a Lawyer to Help With My SSDI or SSI Appeal?

You aren't required to hire an attorney to appeal a denied disability application, but it's generally a smart idea. An experienced disability lawyer will be able to make connections for Social Security between your medical evidence, your functional limitations, and your inability to meet the demands of your old job. Your attorney can also work with your doctors to obtain a medical source statement that can strengthen your claim.

Having a representative is especially helpful at a disability hearing. Your attorney will know what questions to ask you to make sure the judge has an accurate understanding of what you did at your old job, and why you can't perform those duties. Your lawyer can also cross-examine the vocational expert—for example, your representative may be able to prove that you didn't acquire transferable skills that you could use at a different job.

If you're worried about the cost of hiring a lawyer, keep in mind that disability lawyers work on contingency, meaning they don't get paid unless (and until) you win, so there's little downside to getting a representative. Most disability attorneys also offer free consultations, so you can ask around until you find one who's a good fit for you.