The Social Security Administration offers relief to millions of Americans with mental or physical impairments in the form of disability benefits. These benefits, known as Social Security Disability Insurance (SSDI) help people whose disabilities leave them unable to support themselves financially. Unfortunately, the majority of applicants can expect to be denied these benefits; it is estimated that only 30% of applicant’s initial claims are accepted.
The SSA has very strict guidelines as to who qualifies for SSDI benefits, and many applicants do not fully understand the criteria that they must meet to be accepted. This is why it is always recommended to let an experienced Florida Social Security Disability attorney handle your claim for you.
Some common reasons that Social Security Disability claims are denied include:
The SSA has basic requirements that must be met before you will be considered to receive benefits, including age, employment date and work duration. You must have worked at a job that paid into the Social Security program via tax withholdings or payments for at least 5 of the past 10 years (or 20 credits within 10 years).
You will be denied benefits if you have not engaged in what the SSA consider recent work. The reason for this is because the taxes paid into social security act as an insurance premium, allowing you to receive disability benefits. Even if you have not worked recently, you may still be covered if you can establish that the date of impairment occurred before your date last insured (DLI). Your Social Security Disability attorney can examine your work history to determine if you are eligible for benefits.
Not having enough medical evidence to support your disability claim is the most common reason that benefits are denied. The SSA relies on medical records to make a judgment about how your impairment affects your ability to work. If there is not sufficient documentation for them to review, it hurts your chances of being accepted. This may be because you did not seek regular medical assistance for the disability, or you did not establish an ongoing treatment history with a sole doctor. Other contributing factors to a denial may be because you did not have the proper tests performed, you did not authorize the SSA to review your records, your testing was not through enough or your testing did not come from credible medical sources. A social security disability attorney will review your medical documents to determine if they contain all of the information the SSA is looking for.
Another consideration is that the medical evidence that you did provide does not support your claim. The wrong type of evidence may be harmful to your claim, because it may not show how your impairment affects your ability to perform work. Your records may include a diagnosis of impairment, but will not necessarily say how it may affect you in a work environment. This is why it is extremely important to have an SSDI attorney examine your records before you submit them, to make sure that they do not contain information that is harmful to your claim.
The forms and applications that the SSA requires applicants to fill out can be complex and confusing. It is common for applicants to not understand what the SSA is asking of them, and they send out wrong or missing information, which results in a denial. Application errors commonly include leaving the wrong contact information, leaving out important details, or including information that you should not have. Our team can prepare your application for you, so that you may avoid a denial and lengthy repeal by not making any mistakes in the first place.
If the monthly income you earn is above the threshold set by the SSA, you will not be considered disabled and will be denied benefits. If you pass a certain dollar amount, you are engaged in what is called Substantial Gainful Activity (SGA). The exact amount differs from blind and non-blind individuals.
Your impairment must be interfering with your ability to engage in meaningful employment or you will be denied benefits. Your impairment must also last at least 12 months. Disabilities that will heal within one year are not considered severe enough and your application will be denied, though there are exceptions that may be made on a case by case basis. It is best to discuss the specific details of your impairment with your Social Security Disability attorney.
If the improvement if your impairment is stopped or delayed due to drug or alcohol use, your claim will be denied. It does not matter if drug or alcohol use was the cause of the condition, only that continued use prevents the impairment from improving. If drug or alcohol use is not determined to be a material contributing factor to the improvement of the impairment, it will not have an effect on your claim; however, this may be difficult to prove in the case of mental disabilities. If you have recently taken drugs or alcohol and you are applying for disability benefits for a mental disability, or you have been denied benefits, you should seek out the assistance of a skilled Florida Social Security Disability lawyer.
If you want your claim to be accepted, you must be willing to fully cooperate with the SSA and to give them all of the information they need. Your claim will be denied if you refuse to release your medical records, refuse to be examined, or you don't follow prescribed therapy.
If your disability is relatively recent, and sufficient medical records to not exist, the SSA will request a consultative examination (CE). The information obtained from a CE will allow the SSA to analyze the severity of your impairment and determine how it affects your ability to work. If you miss too many of CEs, then your claim may be denied.
Social Security Disability claims are very complex and intimidating for many individuals. A refusal can result in repeated appeals which can take months to process. Having a dedicated Florida Social Security Disability attorney representing your claim can help you avoid many of the mistakes that applicants commonly make, and avoid being denied in the first place.
Contact our Florida Social Security Disability Lawyers by calling 800-874-2577 to set up a free consultation.