Social Security Denial Lawyer | Social Security Denied Your Claim...Now What?
It can be very frustrating and confusing to apply for Social Security disability benefits, and can even take years. Do not despair if your initial claim for disability benefits was denied, as the Social Security Administration rejects over 60 percent of initial claims. Many people are able to win their case on appeal. Hiring an experience Social Security attorney at the beginning of the application process can help ensure you avoid these common reasons for rejection.
In order to avoid a denial of disability benefits in the first place, read our tips on getting your claim for disability benefits approved.
Common Reasons Social Security Disability Claims are Denied
There are many reasons why the Social Security Administration may deny your claim for benefits. To help smooth the process out for you, we have compiled the following list of six reasons initial claims for benefits are frequently denied:
- You did not provide sufficient medical records to demonstrate your condition. Your claim in all likelihood will be denied if you refuse to give the SSA your medical records. Even if you have given your records to the SSA as part of your application, you will also need to comply with any follow-up requests from the agency, which may ask you to meet with one of their doctors or submit to further tests. A good rule of thumb is to give the SSA every piece of medical evidence you have, including letters from treating doctors, any documentation of hospital stays or other treatment, etc.
You did not follow your doctor's orders, according the SSA. The SSA commonly denies claims where they believe the applicant has not followed their doctor's orders or stuck to a treatment regimen. The SSA is more likely to grant benefits in cases where they see a sincere effort on the part of the applicant to treat their illness
The SSA cannot find you. If the Social Security Administration cannot track you down to ask you questions about your application, they are unlikely to approve your claim. Hiring a lawyer can help you avoid this situation, as the lawyer would handle all communication with the SSA. In this case, however, it is key that you stay in touch with your attorney.
You will not be disabled for a full year. If the SSA finds your condition will not last for a full calendar year, they are unlikely to approve your claim as you do not meet the basic criteria for disability benefits. For example, if you break your leg in a car accident, the SSA may deny your claim because the bone will heal within a 12-month period.
You have been convicted of a crime. Under certain circumstances, the SSA will deny your claim if you have been committed of a crime. If you became disabled due to an injury that occurred while committing the crime, you will have no basis to receive monthly disability benefits from the SSA. Also, you cannot receive disability benefits while incarcerated.
Your monthly income is too high. The most common reason people are denied benefits is they make too much money when they applied for benefits. The Substantial Gainful Activity limit for 2010 was $1,000 per month.
Hiring a Disability lawyer to Respond to the SSA
Statistics from the Social Security Administration show that you are far more likely to win your disability claim if you are represented by a Social Security attorney. An experienced Social Security lawyer can review your claim and help you to respond using the appeals process.
While every case is different, here are some of things a disability lawyer can do for you while you are applying for disability benefits.
- Evaluate your claim and response from the SSA;
- Advise you on the relevant law and your next step;
- Go over your medical records and suggest further medical tests to bolster your case;
- Handle all SSA paperwork and file appeals;
- Contact medical experts regarding your disability;
- Consult with vocational experts regarding your capacity to work;
- Provide you with an estimate of future benefits;
- File a brief supplementing your application and detailing all the issues of your case;
- If necessary, appealing your denial in federal court;
Submit Your Application and Get a Social Security Denied Attorney Right Away
We can help direct you to a Social Security law firm with decades of experience representing clients that can help you through all stages of the appeals process. A Social Security lawyer will be well versed in how the system works and can describe your case in the most compelling way possible.