So you got denied for social security disability...
If you are suffering from a physical or mental condition that severely limits or disables you to the point that you can no longer work, you may choose to pursue Social Security Disability (SSD) benefits. The overwhelming majority of individuals have their initial application for SSD benefits denied.
Common Reasons for an SSD Claim DenialAt the Disability Law Firm, some of the most common reasons we have seen for the denial of SSD benefits include:
•There were mistakes or incorrect information on the application forms.
•There was insufficient medical evidence to substantiate a qualifying disability. Although the Social Security Administration will request authorization to obtain your medical records, the examiners reviewing your application may not always obtain all the relevant records.
•The physical or mental impairment went untreated, or the applicant was non-compliant with recommended treatment. If you fail to follow your treatment instructions, the SSA may assume that you would have the capacity to work had you sought and followed through on treatment. However, you might explain a lack of treatment due to inability to pay for the treatment, a genuine religious objection to the treatment, or a second medical opinion that advised against the treatment or suggested that the treatment would not resolve your disability.
•Your disability is not expected to last for at least 12 consecutive months or to result in death.
•Your disability results from alcohol or drug addiction, if your disability would resolve itself through ceasing abuse of drugs or alcohol.
•You failed to cooperate. If the SSA cannot reach you during the review process, or you fail to provide additional documents or information when requested, or fail to appear for a consultive medical examination when requested, the SSA may choose to summarily reject your application.
•You exceed income/asset thresholds if you are applying for Supplemental Security Income (SSI) benefits.
•You have insufficient work credits or recent work history if you are applying for Social Security Disability Insurance (SSDI) benefits.
•You were convicted of a crime, which will preclude you from receiving benefits while imprisoned, or your disability arose during your criminal activity.
How to Appeal a Denied ClaimIf your application for disability benefits is denied after an initial review, you have the right to pursue an appeal of that denial. The appeals process of an SSD claim has four stages. At each stage, if you have received an adverse decision on your application, you only have 60 days from receiving notice of the decision to file the appropriate appeal form.