Denied disability claims for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can be frustrating to say the least. Know that if your claim was denied, you are not alone. As it turns out, two-thirds of all disability benefits claims are denied upon first application.
Sometimes an individual may just not qualify for disability benefits but in many cases, disability benefits are denied for people who genuinely qualify, but there are problems with their applications.
Denials on Technical Grounds
Technical denials could due to a lack of a substantial work history in the case of SSDI benefits. This is because SSDI benefits are based on past earnings from money paid into the Social Security System. The money paid into the system are counted as work credits. Applicants who don't have enough work credits cannot receive SSDI benefits. Also, the work credits earned that will qualify an individual for SSDI will have to be earned within 5 of the previous 10 years.
In the case of both SSDI and SSI, applicants who are still working and earn over a certain amount can also be denied disability benefits. This is because they are considered to be capable of participating in what is known as substantial gainful activity.
Denials on Medical Grounds
The Social Security Administrations (SSA) which administers both SSDI and SSI has standards for how disabilities are defined for disability claims. The standards are the same for both SSDI and SSI. The medical conditions have to be considered a full disability and not partial disability to qualify for benefits. Even a full disability has to have lasted for at least one full year or determined to be severe enough to last for a full year.
Among the SSA standards for an individual to receive disability benefits are a list of conditions that qualify as disabilities for the purpose of receiveing benefits. This list is known as the Blue Book. While these conditions are recognized as disabilities that can prevent an individual from working, the SSA may approve disability benefits for applicants who have a medically recognized condition that prevent them from being able to work. Whether the condition is in the Blue Book or not, a claim can be denied if the applicant does not demonstrate exactly how the condition prevents them from being able to work.
Denials for Procedural Reasons
In some cases and individual may have the required work credits and suffer from a medically recognized condition that would qualify them to receive disability benefits but their claims are denied because certain protocols were not properly followed.
Missing Information
The SSA requires detailed medical information on the nature of an applicant's disability. They will want to see medical records, diagnoses, any hisotry of prescription drugs, rehabilitation, any other relevant information to the disabling condition. In many cases, qualified applicants are denied because they didn't include the required medical documentation.
Failure to Cooperate
The process to receive disability benefits often requires a visit to a doctor who works in conjucntion with the SSA. If you don't show up or don't provide necessary information for the visit, your claim can be denied. The SSA will also want to know if you are following the instructions of your doctors or theirs. Failure to do so without a valid reason, could be seen as you not genuinely being in need of disability benefits or not serious about getting the medical help you need.
Disability Appeal
All too often, people who are genuinely qualified to receive SSDI or SSI benefits but are denied because they thought that they have provided the necessary work, asset, or medical information but for some reason, inadvertently left something out. But know that you do have the option to appeal, but you must act quickly, within 60 days of your denial.
Conctact Forrest Jackson, Disability Attorney
A disability attorney can make a significant difference in, and increase the odds of success for your appeal. Disability Attorney, Forrest Jackson has helped many clients who were denied their claims for SSDI or SSI benefits succeed on appeal. Forrest has the knowledge of the process and hands on experience when it comes to fighting denied disability claims. He has seen countless cases of qualified individuals who were denied their benefits for missing or incomplete information or incorrectly filled out forms. As your disability attorney, Forrest Jackson will make sure that all of the necessary information, relevant to your claim are included in your appeal. If you haven't applied yet, you don't wait until you've been denied to receive help. Forrest can also help make sure your initial claim for benefits is as thorough as possible, ensuring the best possible chance of success on the first try.