4 June 2024 - Pyrros, Serres & Rupwani

$Common Reasons for Social Security Disability Claim Denials and How To Avoid Them Many pitfalls could prevent you from qualifying for New York’s Social Security disability benefits. According to Social Security data, approximately two-thirds of all disability claims encounter denial. This situation can be devastating if you’re struggling with a serious health condition and low to no income. Why is it so hard to qualify for disability? While many people are ineligible for benefits, some applications fall through because of avoidable mistakes. Consulting an SSD lawyer in New York can significantly boost your chances of approval. Let’s examine a few common reasons the SSA denies applications for benefits. Reason 1: You Earn Too Much Money When the SSA considers your application, they’ll look into your earnings to ensure you make less than what a substantial gainful activity (SGA) should net. Earning above this amount will automatically disqualify you from benefits. Per USAFacts, 5.5% of adults in New York currently collect some type of disability benefits. To count among that number in 2024, you must earn less than $1,550 per month, or less than $2,590 if you’re blind. If your income is borderline, consider talking to an SSD lawyer. Reason 2: You’re Dealing With a Minor or Short-Term Disability Millions of working Americans deal with injuries or illnesses. However, not all these conditions are significant or lasting enough to qualify for Social Security benefits. When you apply for SSDI, your medical records should show that your condition is terminal or severe enough to go on for at least a year. Blindness is one notable exception to this rule. You could suffer from serious injuries, like a fracture or TBI, after a car accident, and the SSA could still deny your claim if your recovery is likely to take under a year. Likewise, the SSA may deny your application if you can’t prove that your condition impairs your daily life enough to keep you from working full-time. Of course, with some health conditions, it’s hard to tell how long recovery may take. An experienced SSD lawyer in New York can help you show that your condition is serious enough to qualify for benefits. Reason 3: You Fail To Cooperate With the SSA When applying for benefits, you must be ready to comply with reasonable requests. These may include providing medical records that support your claim and attending a scheduled consultative examination (CE) to complete the picture of your medical condition. Failing to provide records in time or missing a consultative examination will almost always end in a denied claim. If you can’t attend a planned examination, you should reschedule it. Similarly, you must be available for the SSA and Disability Determination Services (DDS) to contact you about your claim. If DDS or SSA representatives can’t reach you to communicate important issues related to your application, claim denial is almost inevitable. An attorney can handle any communication related to your claim and save you a lot of hassle, but you must still keep in touch with your lawyer. Ensure the SSA knows your address if you move while your application is under review. Reason 4: You’re Not Following Your Doctor’s Orders When applying for benefits, you must show that you’re following your prescribed treatment plan (e.g., taking prescription meds and attending therapy appointments). If you aren’t complying with your doctor’s recommendations, the SSA may reason that you’re responsible for the fact your condition isn’t improving. Following your treatment plan is especially significant if your doctor believes the prescribed therapy could restore your ability to work. However, you may also have some valid reasons for not following treatment recommendations, like mental health issues, distance and lack of mobility, conflicting diagnoses, or lack of funds for treatment. Include these reasons in your application. Reason 5: You’re Disabled From Substance Abuse If alcohol or drug abuse is the sole reason for your disability, Social Security will deny your application. However, some people who struggle with substance abuse may also qualify for benefits based on an underlying condition that has nothing to do with their addiction. In this situation, you’d need to show that your claim is unrelated to substance abuse, meaning that your disability would continue even if you successfully curbed your addiction. A recorded period of rehabilitation from substance abuse, with medical evidence of persisting disability symptoms, can strengthen your claim. Reason 6: Social Security Suspects You of Fraud Social Security will deny your application if they suspect you of fraud, like falsifying records or purposefully withholding information that is material to your claim. The SSA may also terminate the benefit payouts you’re already collecting. You could even face criminal charges. Any suspicions of fraud will usually lead to a cooperative disability investigation, during which an investigator will collect information on you and report their findings. If you believe the SSA has falsely accused you of fraud, consult an SSD lawyer in New York immediately. Our legal team can help you present the right documentation and prove that you’re on the right side of the law. How To Boost Your Claim’s Chances of Approval While it’s impossible to predict the outcome of your disability claim, the SSA is likelier to approve you for benefits if you: Check eligibility guidelines to ensure you meet income requirements and other criteria. Provide full, up-to-date medical records that document your symptoms and show that your disability limits your ability to work. Supply any additional records, attend a consultative examination as necessary, and ensure you’re reachable for communication. Follow treatment recommendations or provide a compelling reason you can’t follow the prescribed treatment. Work with an experienced SSDI attorney and stay in touch with your lawyer. Preparing To Claim SSDI? Contact Our New York Social Security Disability Claims Lawyers Figuring out SSD qualifications can be challenging if you don’t know how Social Security applications work. At Pyrros, Serres & Rupwani, we help you navigate the Social Security system to maximize your chances of qualifying for benefits. Whether you’re applying for benefits for the first time or already encountered a denial, our New York Social Security lawyers will handle your application quickly and efficiently. Call (718) 626-7730 or contact us online for a free consultation with an SSD lawyer in New York. FAQ What should I do if Social Security denies my application? If Social Security rejects your claim, you can request a reconsideration. If you still encounter denial, you may file an appeal involving a hearing before an administrative judge. A competent Social Security Disability attorney in NYC can help you prepare for the hearing. Can I earn income in addition to Social Security benefits? Yes, you can. According to SSA data, about one out of eight beneficiaries has another source of income besides Social Security benefits. Apart from allowed monthly earnings, you could have passive income from investments, rental property, and other sources and still qualify for benefits. However, please consult an SSDI lawyer in New York to ensure you meet Social Security’s income criteria. Can I handle my SSD claim myself? Yes, but it is strongly recommend that you work with a disability benefits lawyer in NYC. Your odds of approval will be much better if you work with an SSD attorney in New York City. How much do Social Security disability lawyers in New York charge? A reputable Social Security lawyer in NY usually won’t request an upfront fee. If the SSA approves your claim, an SSD lawyer in New York can charge up to 25% of your disability backpay or $7,200, whichever is lower.$

Social Security Disability

Common Reasons for Social Security Disability Claim Denials and How To Avoid Them

Many pitfalls could prevent you from qualifying for New York’s Social Security disability benefits. According to Social Security data, approximately two-thirds of all disability claims

4 June 2024 No Comments

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