What Do I Do If My Disability Benefits Are Denied?

According to statistics, about 60% of the claimants who appeal have had their Social Security benefits denied in the primary stage of their claim. More likely than not , you have to go through filing for reconsideration, then you may still have to file an appeal and have a hearing before a judge in order to possibly receive your requested benefits. A great deal of this lengthy process can be avoided if you obtain a lawyer. First of all, he can inform you from the initial claim as to whether or not you even have a case. An attorney can save you much time and agony. If the lawyer thinks fro examining your evidence that you gave a good solid claim, then there is much less of a chance that your disability benefits will be denied. Be aware that disability from Social Security is a long term disability—you must be unable to maintain gainful employment for at least 12 months or your claim will be denied because you won’t meet the eligibility requirements.

Another wrong move a claimant can make that can result in denial of benefits is letting Social Security send you to their doctor—not a good idea. He is not acting in your best interest, he is searching primarily for ways to rule out your eligibility for disability benefits. This doctor has probably never examined you and does not know the history of your condition. Your doctor knows you. His reports will be comprised of pertinent information that has been gathered over a period of time. This is ore accurate information for Social Security’s decision to be based on.

In regards to SSA disability, the person applying has to have an income that is below a threshold level. In the case of SSI, the claimant cannot have more assets than $2000 worth. However, once again, if the person applying for benefits does not meet the above criteria, they will accept your application but will issue you a technical denial—if your income level is unacceptable, they will not even take the first look at your health records—no need.

One other major reason why you may have your disability benefits denied is that you may be eligible for the “other work” that the Social Security tests you for. Let’s say that you have a job lifting heavy weight every day and you have become disabled to the extent that you can no longer endure that amount of work. If you can be provided with or found eligible for lighter work in that same field, you will be denied benefits on the assumption or fact that you can do “other work”.

A child may have a condition that is disabling, but during the process of filing the claim, the child may improve because of medication and will no longer fall under the category of “disabled”. Thus, the application for benefits is denied. The Social Security can come up with several reasons in which they can turn you down for benefits or compensation. Often times it has to do with the claimant not being educated enough in regards to what qualifies for disability. This is why it is a smart option to obtain a lawyer who knows what he is up against with the Social Security. People who hire attorney, according to statistics, are more likely to win their case. Why not hire one?—you don’t have to pay a penny up front, It is an intelligent alternative to almost surety of your disability benefits being denied.