If someone has mental/physical disability or both, he/she may be eligible to get financial support from Social Security Administration (SSA). For people with such disabilities, the financial assistance is offered to ensure adequate medical care, and if the person is not earning, it may even cover the cost of living. Making social security disability claim is not easy, especially for people who are not fully aware of their rights, while in other cases, the concerned impairments may not allow them to understand laws, norms and rules that are critical for getting SSI disability benefits.
Denials are not uncommon, but it is possible to engage a lawyer for further procedural assistance. When it comes to appealing disability denials, legal help is extremely important. Here are some aspects worth knowing.
When are claims denied?
- To get the benefits, a person must prove his impairment and condition, and also the fact that this impairment prevents them from having or continuing a normal job. Applications are only considered when it has persisted for a year or more or may result in death of the person. If SSA doesn’t find your disability claim application to be worthy, it will be denied.
- People with issues like addiction or a history of criminal cases may be denied disability benefits. However, even in such cases, it is possible to file an appeal against the denial.
- Claims are also denied when a person earns a certain amount already. The laws vary from state to state, so talk to your lawyer on that. In some cases, benefits can be minimized if a person suddenly starts earning or earns a tad less than what’s considered the maximum income.
- Denials are also common for cases where medical records of the applicant, which include tests and reports, are not accessible to the SSA for any reason.
- If a person doesn’t go for the treatments as prescribed or suggested, SSA disability benefits can be denied, because the government wants the person to get back to the workforce as quickly as possible.
- Lastly, if SSA believes that a person has committed fraud, he may be denied the benefits.
If your claim has been denied and you want to know your options, consider talking to a lawyer as early as possible. You want to be sure that all the options have exhausted before you give up, which is typically never the case if your impairment and condition is genuine.
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