Are you getting ready to file a Social Security Disability claim? Find out why most first-time claims are initially denied.
Social Security Disability payments are paid by the Social Security Administration to people who have become disabled and can no longer work. Although SSA’s explanation of a disability compensable under SSD guidelines appears simple enough, the requirements are actually extensive and complicated. For example, one of the qualifiers state that “people qualifying for SSD are unable to do work they did before becoming disabled”. However, this can be negated by other “qualifiers”, such as how many years you have worked or the severity of your disability. Because the majority of SSD claims are denied, most people will need professional, legal help with social security disability claims.
Why Your Social Security Disability Claim is Likely to be Denied
SSD claims are frequently denied because the disability is not considered critical enough to prevent the claimant from working. When this occurs, claimants can file an appeal and wait for months, sometimes years, to receive an answer to their appeal. Reasons for hiring a social security disability lawyer in Kentucky include:
1. Being denied because you earn too much
The Social Security Disability program allows you to make a little over $1000 a month and still receive SSD. If you earn over a certain amount, the SSA considers you capable of “substantial gainful activity” and will deny your claim. A seasoned attorney knowledgeable with SSA laws may be able to help you maximize your SSD payments and still remain employed
2. Being denied because SSA representatives think your disability isn’t severe enough or is only temporary.
Claims based on vehicle accident injuries are routinely denied because SSA doctors may assert the injury will heal in 12 months. However, serious injuries can take longer than one year to heal and involve post-recovery therapies, medications, and hospital stays. To expedite denied claims, your social security disability lawyer will contact medical professionals specializing in certain injuries and gather medical information substantiating the severity of your disability.
3. Being under 50 years old
The SSA views people under 50 as likely to be healthy enough to find a job different from what they used to do. For example, if you worked as a plastic injection machine operator for 20 years and developed a hernia at age 40 that prevents you from standing on your feet for eight hours, SSA physicians will likely say you can probably find a job that allows you to sit all day, such as office work.
4. Submitting incomplete claims
Just having your primary doctor sign a document stating you are disabled will be insufficient to win your social security disability claim. The SSA may want detailed testimonies from medical specialists describing the extent of your disability, especially following the first denial and appeal. They will want to know how long you are able to sit, stand, or walk, or if your ability to move your fingers, hands, arms, or legs is impaired. Furthermore, details regarding the cause of the disability will also be explored, along with past, present, and future differences in your general health if the disability is a progressive disease or disorder.
5. Technical reasons:
nearly 30 percent of SSD claims are denied due “technical” reasons, or errors in filling out claim forms. Delays due to technicalities can be avoided by hiring a social security disability lawyer in Kentucky who will manage your disability case from start to finish. Avoid delays, denials, and financial stress by enlisting the assistance of lawyers who have litigated and won many SSD cases for disabled clients. Get help with social security disability by contacting the law firm of Edwards and Kautz today at 270-908-4914.