10 Reasons Why Disability Claims Get Denied
It is not uncommon for Social Security Disability claims to get denied. In fact, it occurs more often than not. Some claims are denied for medical reasons ― that is, the Social Security Administration doesn’t believe your condition is severe enough to prevent you from working. Other claims are denied for technical reasons, such as making too much money.
While the reasons for rejection vary, the disability attorneys at McDonald Law Firm have identified some surefire ways to get a thumbs down. Here’s a breakdown of 10 reasons why Disability claims get 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. 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. Doctors’ notes excusing you from work or records detailing your limitations are extremely important. If you don’t have them or don’t provide them, you will be denied.
Incomplete claim forms.
Numerous forms must be thoroughly filled out when submitting a claim for Social Security Disability benefits. If you don’t fill them out and provide the necessary information, your claim won’t be processed and you’ll be denied. This is not the time to cut corners. Dot your I’s and cross your T’s.
Earning too much money.
You are allowed to work a small amount while applying for and collecting Social Security Disability benefits, but you can’t make too much money. What is too much? In 2016, it’s $1,130 per month. If you make more than that, the Social Security Administration (SSA) considers you able to maintain “Substantial Gainful Activity” (SGA). This means you make too much money to be considered disabled. Your claim will be denied.
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. Most bone fractures heal in less than a year. If your ailment is expected to improve in less than a year or the SSA doesn’t consider it serious enough to keep you from working, you will be denied.
Denied before.
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. It is usually in your best interest to go through the appeals process, rather than file a new claim.
Can’t be found.
Officials with the Social Security Administration (SSA) or Disability Determination Services (DDS) ― the agency that determines your eligibility ― will occasionally need to talk to you about your application, schedule examinations or verify critical information. If they can’t find you ― either because you have moved or changed your phone number ― then you will be denied. Make sure they have some way to get in touch with you.
Failing to cooperate or comply.
It is in your best interest to cooperate fully with the people handling your Social Security Disability claim. This means completing 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.
Not following doctor’s orders.
Failing to follow the treatment prescribed by your doctor can sink your case. If you haven’t followed your treatment plan ― taking medicine, having surgery, using assistive devices, or undergoing therapy ― Social Security may think your disability is not as severe as you allege. They may conclude that you are not trying to get better or that you would be able to work if you had followed your treatment plan.
Injured while committing a crime ― or while in prison.
The Social Security Administration has very specific policies regarding those who have been 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. Likewise, if your Disability occurred (or was made worse) while you were incarcerated, you will also be turned down. Crime doesn’t pay.
Not getting legal help.
Legal help can go a long way. Many denied Disability claims likely would have been approved if the applicant had sought the help of an experienced Social Security Disability lawyer from the beginning. The Disability process can be long and complex. Disability lawyers know how to navigate the system and how to gather the necessary information and evidence to substantiate your claim.
One of the main reasons people don’t seek legal help is because they wrongly assume that they can’t afford an attorney. Social Security Disability lawyers work on a contingency fee basis, which means they only collect if they win your case. Even then, their fees are capped by the federal government and come out of the award, so you don’t pay anything up-front.
If your claim has been denied for these reasons or others, please contact the Disability attorneys at McDonald Law Firm so we can appeal your denied Disability claim or explore your options. If you are thinking about filing a Disability claim, let us guide the way to a successful outcome. Our dedicated team of attorneys and professionals are standing by, ready to help you. Call us today at 855-702-9061.
