Social Security disability appeals lawyer

Many Social Security disability applicants receive denial notices citing insufficient medical evidence despite having conditions that prevent them from working. This common issue often occurs when symptoms don't match standard evaluation criteria or when diagnoses remain inconclusive after extensive testing.

At Keefe Disability Law, our Boston disability lawyers regularly help clients whose medical conditions don't fit neatly into Social Security's framework. Understanding how the SSA evaluates these cases is the first step toward a successful appeal and securing the benefits you need.

How Social Security Defines Disability

Social Security uses a five-step evaluation process to determine disability. For cases with unclear diagnoses, understanding this process is crucial:

  1. Whether you're working at substantial gainful activity levels
  2. If your condition is severe and expected to last at least 12 months
  3. Whether your condition meets or equals a listing in the Blue Book
  4. If you can perform your past work
  5. Whether you can perform other available work

When your medical impairment doesn't meet a specific Blue Book listing at step three, the evaluation continues through the remaining steps, examining your age, education, and work history. The process also involves assessing your residual functional capacity, or what you can still do despite limitations. 

The SSA uses medical-vocational guidelines, often called “the grid,” to assess your eligibility for benefits. For example, a 55-year-old construction worker with a high school education and chronic pain that limits him to sedentary work might qualify based on the grid rules, even without meeting a specific listing.

Common Reasons for "Insufficient Evidence" Denials

When Social Security cites "insufficient medical evidence," several specific issues may be at play:

Missing Acceptable Medical Documentation

Social Security prioritizes evidence from acceptable medical sources like MDs, osteopaths, and licensed psychologists. Treatment from practitioners outside this list, such as chiropractors or physician assistants, may not carry sufficient weight without supporting documentation.

Inconclusive Test Results

When lab test results show mild abnormalities or doctors use phrases like "possibly consistent with" rather than definitive diagnoses, this often leads to SSDI denial. A person with suspected multiple sclerosis might have MRI results showing some lesions, but not enough for a definitive diagnosis, despite experiencing debilitating symptoms.

Symptom-Based Diagnoses

Conditions diagnosed primarily through patient-reported symptoms rather than observable clinical findings present special challenges for SSDI applicants. Fibromyalgia, chronic fatigue syndrome, and certain mental health conditions face higher hurdles in the disability determination process.

Building a Stronger Case When Your Diagnosis Is Unclear

When your medical condition doesn't fit Social Security's framework, consider these strategic approaches:

Focus on Functional Limitations

Shift focus from diagnosis to function. Clearly outline what you can and cannot do because of your symptoms. A claimant with an undiagnosed neurological condition might document:

  • Need for frequent rest breaks due to fatigue
  • Inability to stand for more than 15 minutes
  • Problems with memory affecting task completion
  • Fine motor skill limitations preventing detail work

These functional assessments often matter more than the specific diagnosis name.

Obtain Detailed Medical Opinions

Ask your doctor to complete a Residual Functional Capacity (RFC) form that details specific limitations, including:

  • How long you can sit, stand, or walk
  • Weight lifting and carrying capabilities
  • Manipulative limitations affecting handling or fingering
  • Environmental restrictions
  • Mental limitations in concentration or social functioning

A disability applicant with suspected but unconfirmed autoimmune disease might secure benefits after their rheumatologist documents specific limitations in standing tolerance and problems with repetitive movements.

Create a Complete Medical History

Compile comprehensive records showing a consistent pattern of symptoms and limitations over time, including:

  • Medical records from all treating sources
  • Laboratory and imaging test results
  • Medication history and noted side effects
  • Emergency room visits related to your condition
  • Records of treatments attempted and their effects

The Appeals Process After Denial

After the Social Security Administration denies your initial application, the first appeal level is reconsideration. This involves a complete review by a different examiner, allowing you to submit new medical evidence addressing specific reasons for your denial.

If reconsideration is unsuccessful, an Administrative Law Judge (ALJ) hearing provides your best opportunity to explain how your condition affects you. During this hearing, you can:

  • Testify about your symptoms and limitations
  • Present new medical evidence
  • Bring witnesses who have observed your limitations
  • Address the judge's questions directly

A Boston disability lawyer can help prepare you for this hearing, gather appropriate medical evidence, and develop effective testimony that highlights your limitations. 

At the hearing level, ALJs sometimes call medical experts to help interpret complex or unusual medical conditions. Your attorney can question these experts to highlight aspects of your condition that support your disability claim.

Patrick Hartwig
Connect with me
Managing Attorney, Keefe Disability Law
Comments are closed.