why did my lawyer ask me why i got denied ss

Why was my Social Security denied?

Here are some of the most common reasons for a denial of Social Security benefits: Your monthly income exceeds $940. Your disability will last less than a year. You failed to heed your doctor's instructions.Apr 16, 2019

What happens when you get denied Social Security?

If we recently denied your Social Security benefits or Supplemental Security Income (SSI) application, you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: Reconsideration.

What disqualifies Social Security?

Some government and railroad employees are not eligible for Social Security. American expatriates retiring in certain countries—and some retired immigrants to the U.S.—can't collect Social Security benefits. Divorced spouses married for fewer than 10 years cannot claim benefits based on the earnings of their ex-spouse.

How hard is it to get Social Security disability?

But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year. In other words, less than one-third of initial claims are approved.Aug 8, 2020

Why did I get denied for SSDI?

You Earn Too Much Income 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).

Can I apply for SSI if I was denied SSDI?

If you are an adult, there generally is only one way you might be approved for SSI but denied Social Security Disability. Social Security requires that you be insured to receive disability benefits. Your insured status is gained through your work and the payroll taxes you paid.

Can you be denied your Social Security retirement benefits?

The Social Security Administration (SSA) routinely denies over half of the applications it receives, so don't be surprised if your application is denied. Many, if not most, appeals result in a favorable decision, so it's almost always worth your time to appeal.

How do I know if I have 40 credits for Social Security?

You can work all year to earn four credits, or you can earn enough for all four in a much shorter length of time. If you earn four credits a year, then you will earn 40 credits after 10 years of work.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

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

Why is disability so hard?

#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.Aug 10, 2018

Does Social Security spy on applicants?

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.

When an Attorney Takes Your Case

Now if an attorney is taking the case, it doesn’t mean it’s a winning case either. It just means the case has “ good bones “. By good bones, I mean that it has the “ makings ” of a good case. It will still need to be worked on to ensure it’s a winner.

4 Reasons Why Attorneys Are Rejecting Your Case

A lot of claimants file their claim and wish to base their claim on diagnosis and medical records from years ago.

Reason 2 – Despite having doctors visits, your records do not demonstrate you are disabled

I wish there were a “ Medical Records Writing 101 ” in medical school so that aspiring doctors would learn how to properly document patients issues.

The physical exam portion of the records is the most important part of the record because this is where the doctor is writing his findings after he examines you

That’s where the “good stuff” is when assessing a winning claim. By “good stuff” I mean, the part where the severity of your impairments is usually listed.

If you have not filed your claim yet, I have the perfect book for you

My book Real Tactics for Filing Your Disability Claim is now available on Amazon Kindle and paperback.

Understand that there is a reason why you want an attorney

You are emotional. Your disability hurts or it’s very stressful. You want to be heard. You want your disability to be “ recognized “. You want “ affirmation “.

Reason 4: You filed your case a little too early

Attorneys will usually tell you to call them once you get your first denial. There are several reasons why:

What happens if you get denied for disability?

A Notice of Denial is not the end of your claim. If your application for disability benefits is denied, you can still take steps to have your claim approved. Disability benefits are an important source of income for those who are unable to work. If you not able to work due to accident or illness, you may be eligible for Social Security Disability ...

What happens if a claim is denied?

When a claim is denied at this stage, an applicant’s only option is to file suit in federal court. The Notice of Denial also informs you that you have the right to file a new application at any time, but this is not the same as filing an appeal and you may lose some benefits or not qualify for any benefits.

What is disability attorney?

Disability attorneys are experts in the reconsideration and appeals process; a disability attorney can craft your case to reverse a denial and present your case to the ALJ. Administrative law judges uphold or overturn decisions on disability benefits.

How long does it take to appeal a Social Security disability claim?

You must appeal within 60 Days to challenge the decision. If your initial claim for Social Security Disability Income is approved, you will receive a notice in writing from the Social Security Administration detailing the amount of your monthly benefit and past-due benefits, as well as when you will receive payment.

What to do if you are not able to work?

If you not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.

How long does it take to get a hearing before an administrative judge?

The next level of appeal is to request a hearing before an administrative law judge and again, this must be done within 60 days. Though legal representation is not required, appearing at a court hearing before an administrative law judge without an attorney can hurt an applicant’s chance of success.

Who is Greg Reed?

Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What happens if you don't see a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.

Can a lawyer take my SSDI claim?

For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI. For SSI, if you have significant income or assets, a lawyer won't be interested in your case. A lawyer might also try to estimate the amount of backpay you'll receive, as lawyers' fees are paid out of your backpay.

Can you get Social Security for fibromyalgia?

Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

Can a lawyer take a client with substance abuse?

Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

What to do if SSA denies claim?

If the SSA denies your claim but you don’t understand the reason, make sure to appeal quickly. Since the SSA processes a high volume of applications each day, it’s possible that your application was denied by mistake – especially if your denial letter doesn’t make clear the reasons for your initial denial.

Why is my disability claim denied?

1. Income. One of the most common reasons an initial claim is denied is that the applicant makes too much money already to qualify for benefits. SSA will look at how much money you have in the bank. For single people who apply for disability benefits, the cutoff amount is $2,000, and it is $3,000 for a married couple.

What happens if a request for reconsideration is denied?

If your Request for Reconsideration also is denied, you move to the next step in the appeals process, which is to appeal the decision and submit a Request for Hearing. During this stage, an administrative law judge who has had no part in the decision thus far will review your claim and all its supporting documentation.

How long do you have to appeal a disability claim?

You have 60 days from the date of the notice to file your social security disability appeal.

Where is the Social Security hearing held?

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

What is a disability hearing?

The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath. Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing.