If you need to appeal a disability claim denial, reach out to our legal team at Pyrros & Serres, LLP, in Astoria, NY. Schedule a free initial consultation at 718-626-7730.
Receiving a rejection letter after applying for disability benefits can be disappointing and frustrating. Did you know that the Social Security Administration rejects over half of the submissions they receive? You may wonder why.
Many factors contribute to claim denial, but you may be able to avoid having your claim denied with the proper guidance. Our firm’s Social Security disability attorneys in New York explain the basics of what you should know. Read on so you can file your claim with confidence.
Social Security and Disability
In 1956, the federal government developed a Social Security plan for older disabled workers and their families. The Social Security Disability Insurance program provided qualifying individuals with supplementary income to cover basic needs like food and electricity. However, the Social Security Administration (SSA) has strict guidelines detailing who can qualify for disability benefits.
Today, some factors the SSA considers include the severity of your injury, if you can still work, or if you have special conditions like blindness. While the SSA denies thousands of claimants a year for disability benefits, denial doesn’t necessarily mean these people do not have conditions that require economic assistance.
Actually, many people experience rejection due to application errors. An attorney from our firm can help you properly file your disability claim and identify issues that might prevent you from receiving benefits.
Failing To Properly Complete a Form
Failing to properly complete your application form will indeed prevent you from receiving benefits. Although filing for Social Security Disability Insurance (SSDI) can be exhausting, properly completing every item on the document is crucial.
The Social Security Administration does not always have the resources to find out the information that you do not provide. If you are lucky, the examiner might return an incomplete document, asking for clarification. However, they typically just reject these documents and begin reviewing others in the queue.
If you retain our firm, we will review your claim before you submit it to ensure that you have all included the correct information in the first place.
Failure To Provide Medical Evidence
You may experience severe complications from your disability that prevent you from completing basic tasks. However, don’t assume the SSA knows this without your providing sufficient evidence. Many people fail to provide medical records that prove their condition. Often, people aren’t sure how much medical evidence they need to support their claim. Those who provide limited information don’t understand why the examiner rejected their SSDI application. You can avoid these headaches by working with an attorney to organize a complete list of the required documents.
We will help gather sufficient medical evidence to communicate your condition accurately to the claims examiner. Valid documentation may include medical records, doctors’ recommendations for time off, and treatment plans.
Failing To Comply With Doctor’s Orders
We understand that treatment isn’t always easy. At the end of the day, you may feel that some solutions aren’t right for you. However, failing to comply with your doctor’s orders can land your SSDI application in the rejection bin.
The Social Security Administration will not accept claims if they suspect you are ignoring treatment. Recommended medication and regular exercise might significantly improve your condition, so failure to follow medical recommendations may result in your SSDI application being denied.
If you have valid circumstances that discourage you from following prescribed medical treatments, the SSDI will give you the opportunity to explain these concerns. If you need to appeal your claim denial, hire a licensed attorney from our firm to represent you. We will help the examiners understand the complete picture and why you may in fact qualify for benefits.
Why does the Social Security Administration often deny disability claims after an appeal is filed? Common reasons that people appeal include forgetting to add crucial information to their claim or accidentally misleading the SSA.
Filing a new SSDI claim may not be a good idea to try and work around denied appeals. Examiners will notice this strategy and may deny your claim without a second thought.
You may be able to avoid appeals and resubmissions by hiring an SSDI lawyer from the beginning. Your lawyer can help reduce the chance of any problems occurring by ensuring that your application meets the proper criteria.
Should you still need to appeal; your attorney will help you do so professionally. It is not recommended that you represent yourself in these situations. Even if you are confident about your claim, our experienced lawyers will know how to properly communicate the facts and circumstances of your claim to the SSA.
Despite your injury or illness, you may not qualify for SSDI if you exceed the qualifying monthly income bracket. In some cases, you may still be able to work and earn enough to meet your basic needs. The SSA calls this “substantial gainful activity.”
In 2022, the monthly income cap for disabled workers is $1,350. This number is likely lower than you would expect to earn in a month of making minimum wage in New York. Ask your lawyer about other options if your income exceeds the SSDI limit.
A responsive attorney will understand your concerns and recommend actions that suit your interests. For example, New York allows you to file a workers’ compensation claim for up to two years following an injury at work. This solution might help cushion some of your financial burdens.
Let Us Help You File Your Claim
Pyrros & Serres, LLP, is a reputable Astoria law firm with years of experience representing clients with disabilities throughout New York State. We can help you understand your options regarding financial compensation and benefits to support you as you live with your disability. Look no further for a lawyer you can trust.
Learn more about SSDI or find out which injuries or occupational diseases are covered under workers’ compensation in New York. We provide professional legal counseling when you need answers.
If you still wonder why Social Security denies disability claims, our attorneys can help. Call us today at 718-626-7730 to schedule a consultation with a member of the Pyrros & Serres team in Astoria, NY.