Common Mistakes Social Security Disability Claims Are Refused

In the event you have been denied social security disability (SSD) benefits, you’re probably wondering what went wrong. Odds are, you are, or feel that you are, suffering from considerable physical or mental limits as a consequence of your condition, or you’d not have gone via the method of submitting in the very first place. You may believe, as many others do, that SSD refuses regardless of the claimants’ physical state, as many claims as possible, to save the federal government cash.

The SSA’s disability assessment involves a review of medical and work history, and applying for Social Security disability benefits can be a lengthy and complex process. There are numerous reasons why SSDI benefits can be denied, and it can occur in the claims review procedure. SSDI is a mandated insurance plan that their employers, as well as citizens, financed through payroll taxes. In 2010, more than 152 million workers were covered through SSDI.

Several variables may lead to an application being refused, including the SSA’s determination the applicant can return to work. SSDI is intended to supply monthly benefits to people who have experienced a serious impairment and can work for 12 months or more, or who have a terminal condition.

Inadequate Weight Given to the Treating Doctor’s Opinion

The most common reason behind the Appeals Council to remand a case is the fact that the Administrative Law Judge (ALJ) failed to give sufficient weight to the opinion of the applicant’s treating doctor. If the physician or mental health professional who consistently treats you has finished a Medical Source Statement or Residual Functional Capacity (RFC) form indicating that you have substantial work-related limitations, and the ALJ did not give a good deal of thought to these constraints, you may have solid grounds for appeal.

Under Social Security regulations, ALJs are expected to identify and explain what weight they gave all medical source (doctor) opinions. In case your ALJ gave your physician’s opinion something less than “commanding” weight, learn why. You or your attorney should say this in your letter to the Appeals Council, in the event the motives do not stand up to scrutiny.

Filing Claims that are Numerous

A number of the consequences of filing multiple claims rather than appealing are the loss of back benefits. To 12 months before the application date, a person could be repaid for an SSDI claim. Should they continue re-applying, those benefits that are back are lost by them. When they appeal the method, they maintain their first application date and also they can receive more benefits that are back
Not quitting work when applying for handicap

If you are getting more than $1,170 (as of 2017) per month, then yes, you will have to leave your job, or work fewer hours, to be considered for disability benefits. Social Security considers anything above that sum to be SGA or substantial gainful activity. The SGA amount is adjusted each year according to the present cost/wage index.

In case you make more than the SGA, you Won’t receive any Social Security disability benefits (under the SSDI or SSI application). This really is valid even when you are in possession of a documented medical condition that has caused you to get substantially or caused you to go from full to part time work. The same is true if you’re working your work regardless of the truth that you are enduring fatigue or unbelievable pain on the job.

Exaggerating or Understating Your Handicap

Many applicants spend a significant amount of time on their initial application simply to be denied. All too frequently applicants accept this denial in discouragement and don’t pursue the issue further, although this really is only the beginning of a very long process. Your medical records are examined by application evaluators extensively and highly worth the view of your doctor. They will compare that which you’ve written against the views of your physician expressed in your medical records in your application. Hence, should you exaggerate your condition, your application might be refused. At the same time, the evaluators consider you may be able to perform some type of work and also if you downplay your state, this might also lead to a refusal. A qualified SSD/SSI attorney or advocate is familiar with the kind of language essential for an application which will result in the award of The Latest Social Security Benefits.

Neglecting to Get Legal Representation for Your Appeal

You are going to want to rent a disability lawyer to represent you during your disability appeal if your first application for disability is denied by the SSA. Your chances of being awarded benefits during the appeal procedure are significantly raised with appropriate legal representation. Since they feel they can’t afford one, a lot of individuals forgo hiring an attorney. Luckily, Social Security lawyers work on a contingency basis, being paid a percentage of the back pay you get from the Social Security Administration. Just after you’re qualified for disability benefits can your lawyer receive either 25 percent of your impairment back payment or $6,000 (whichever is less). Prior to filing an appeal of the decision of the SSA in case your disability application is refused, consult with a handicap attorney.