why dd my lawyer ask me why i got denied disability

by Mrs. Vivianne Waelchi 8 min read

Why was my Social Security disability claim denied?

Aug 10, 2018 · The common reasons a Social Security disability benefits claim is denied are as follows: #1: Lack of Hard Medical Evidence. Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

Can I work and still be denied disability benefits?

Jan 21, 2020 · If your disability is the result of consistent abuse of drugs or alcohol — or if your condition would improve if you obtained sobriety — then you will be denied benefits. Also, if your alcohol or drug addiction prevents you from working, you will not be eligible to receive disability.

Why do I receive denial letters from the SSA?

If you continue to work, you risk getting your disability claim denied because you earn too much money. The SSA establishes a limit for how much a claimant can earn to receive financial assistance for a disability. If you have been denied disability and can’t work, you should file an appeal for reconsideration with the SSA.

Why don’t people seek Social Security Disability Lawyers?

To appeal your denied disability claim, in most states, you must first file a request for reconsideration. Your case will be reviewed again (this time, by a different disability examiner) and you will be notified by mail of the decision. Most likely, you will be denied again, so prepare yourself. The next step is to ask for a hearing before an ...

Why was my disability claim disqualified?

For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

Does everyone get turned down the first time for disability?

Home » Frequently Asked Questions » Does Social Security Disability Deny Everyone the First Time They Apply? No, the Social Security Administration (SSA) does not deny everyone the first time they apply.

How many disability claims are denied?

Studies have shown that more than 60% of disability claims are denied initially, especially without a lawyer's help. If you've been denied and keep applying instead of appealing the denial, you're probably getting rejected again and again.Jul 21, 2020

How do I fight a disability denial?

If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence submitted used in the original determination, plus any new evidence.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•Oct 20, 2019

Does Social Security disability spy on you?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

Why is my disability denied?

Lack of medical evidence. This is probably the most common reason Social Security Disability claims are denied. Your condition may be severe and you may not be able to work, but if you don’t have documentation and evidence to back it up, your claim is in trouble. The burden of proof is on you.

What to do if denied disability?

Many people don’t know what to do when denied Disability the first time. Some choose to file a new application, rather than file an appeal. That is generally not the best option. If you file a new claim and a disability examiner sees that you have been denied before, they may be more inclined to deny you again.

What is the burden of proof for disability?

The burden of proof is on you. There should be a paper trail of medical records that show the cause of your condition and its progression, as well as your treatment. Most importantly, there should be an abundance of information about how your disability hinders your ability to work.

How long does disability last?

Disability is not long-term. With the exception of blindness, your disability must be expected to last for at least 12 months or result in death. Many people apply for Social Security Disability benefits when their condition is short-term. A good example is bone fractures.

Why don't people seek legal help?

One of the main reasons people don’t seek legal help is because they wrongly assume that they can’t afford an attorney.

Can you get disability if you are convicted of a felony?

If you were injured or suffered a disabling medical condition during the commission of a felony, you will not be approved for Disability benefits.

What to do if you don't cooperate with Social Security?

It is in your best interest to cooperate fully with the people handling your Social Security Disability claim. This means complet ing all paperwork, signing medical release forms, showing up for appointments, and attending consultative exams. If you don’t cooperate, you can expect a denial letter in the mail.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

Can you appeal a Social Security disability decision?

Fortunately, the Social Security disability benefits program offers a comprehensive set of appeals guidelines that have a great success rate. When you appeal a decision, the understanding at that point is that you truly believe you qualify for disability benefits.

What is RFC in medical?

The RFC determines how much work you are capable of performing given the limitations of your condition. Your doctor is the one who fills out the RFC form, thus ensuring that the information provided is based entirely upon your medical history.

Does income matter when applying for SSDI?

Your income does not matter when applying for SSDI benefits. Some people who apply for SSI benefits can work part time and earn money during the process. However, If you are working and earning more than $940 per month when you apply for Social Security Disability, your claim could get denied. The Social Security Administration will only approve ...

Why is my disability denied?

Another reason is that because without proper medical treatment and records, SSA is in no position to judge your disability claim.

What is the most important part of SSDI application?

Relevant medical evidence is the most important part of your SSDI application. This evidence is used by the SSA to judge whether or not you qualify for the SSDI benefits. Many applicants fail to provide relevant and complete medical records that pertain to their disability, and this leads to an application denial. Completeness of medical records means that they must demonstrate not only your injury but also how your injury interferes with your work. Notes, recommendations or general comments from your primary care physician can be very useful in this regard and should be included in the application.

How many credits do I need to get SSDI?

For most applications, SSA requires that they have at least 40 credits with 20 of these credits earned in the last 10 years. In 2019, you earn one credit for every $1,360 you earn. However, you can earn a maximum of four work credits per year. If you don’t have sufficient credits, your claim will likely be denied.

Can you turn down a disability claim if you don't show up?

SSA may require you to undergo medical examination by a recommended third-party medical expert. Once you submit your application, the examination will be scheduled at a specific day and hour. If you fail to show up for the examination, your claim will be denied. Again, SSA requires this to ascertain the nature and degree of your disability. Without this vital information, SSA is in no position to judge you and will turn down your claim.

Top 5 Reasons Why Your Disability Was Denied

Rejection is quite common when it comes to applying for a Social Security Disability (SSD) benefit.

Seek a Lawyer to Improve Your Chances

Arguably, however, every SSD claim is different, and while the statistics show the process can be stringent, it is not an impossible undertaking. Get in touch with us here at The Clark Law Office so we can get started with your Social Service Disability appeal. We can give you the best chance for getting your social security disability benefits.

How long do you have to work to qualify for disability?

To qualify for Social Security Disability benefits, your medical condition must prevent you from working for at least one year or longer — or result in death. If your condition is expected to improve significantly within a year, then the Social Security Administration ( SSA) will deny your claim.

What happens if you change your address on your Social Security?

If you change addresses or change your phone number, you must inform the SSA with your updated contact information. If you are unavailable to discuss your claim throughout multiple attempts, then your claim will be denied.

How much can I earn to qualify for SSDI?

In 2020, you must earn less than $1,260 per month. SSDI does not include assets or unearned income.

Can you get denied Social Security disability?

If you are trying to receive Social Security disability benefits illegally, you will be denied. The SSA takes fraud and attempts at fraud very seriously. They will prosecute fraudulent cases to the fullest extent. Do not attempt to falsify any information on your application.

Can you get disability if you are addicted to alcohol?

Also, if your alcohol or drug addiction prevents you from working, you will not be eligible to receive disability. This is not to say you cannot receive benefits ...

Can you get disability if you are incarcerated?

7. You Have Been Convicted of a Crime. You cannot earn disability benefits if you are currently incarcerated.

Can you get disability if you are in prison?

You cannot earn disability benefits if you are currently incarcerated. You can be approved and start receiving benefits once you are released, but you cannot receive benefits while in prison.

What percentage of disability claims are denied?

Getting an Unfavorable Decision. If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision ...

What to do if denied Social Security?

After you are denied, you will have the option to appeal your decision and improve your claim. If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision.

Is disability a stressful time?

Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job.

How to appeal a denied disability claim?

To appeal your denied disability claim, in most states, you must first file a request for reconsideration. Your case will be reviewed again (this time, by a different disability examiner) and you will be notified by mail of the decision. Most likely, you will be denied again, so prepare yourself.

What percentage of disability applications are denied?

Most Disability applications ― more than 65 percent ― are denied during the initial stage of the Social Security Disability process. The worst thing you can do right now is give up. Obtaining disability benefits is a multi-step process and it is far from over.

How long do you have to appeal a denial letter?

It is in your best interest to file an appeal ― and to file it quickly. You only have 60 days from the time you receive your denial letter to appeal, otherwise your denial becomes final and you’ll be forced to start over with a new application. That means you’ll probably end up right back here in the future.