A portion of your pay is reduced from your paycheck by your employer. This money goes toward Social Security benefits, which you pay into for all the years you work and earn wages. While many people end up using their Social Security toward their eventual retirement, another benefit that comes from it is Social Security disability insurance.
Social Security disability insurance is in place in the event that you suffer a serious long-term or even permanent disability that prevents you from working. If you become disabled, you have the right to file a disability claim with the Social Security Administration or SSA to get monthly payments.
Unfortunately, although millions of people suffer disabilities each year and apply for Social Security disability benefits, things are not always black and white. One thing that can happen is that you are denied benefits in spite of your legitimate disability status.
When Social Security Disability Benefits Claims are Denied
Each year, around 66 percent of all California residents applying for Social Security disability benefits have their claims denied by the SSA. If this happens to you, it’s no doubt a scary situation as you are unable to work and earn a living. It’s fair to wonder how you will be able to get by financially. However, if your application is denied, there are steps you can take to make an appeal. You can still end up getting disability benefits. One thing you can do is to contact a Los Angeles denied disability attorney for help.
Why Do Social Security Disability Claims Get Denied?
There are various reasons why your Social Security disability claim might be denied. First-time applications are often denied, but it’s important to know why this is the case as it can help you in the future.
If you are denied benefits, the SSA will send you a letter explaining the reasons behind the decision. There will also be steps in the letter that explain how you can appeal that decision.
The following include the most common reasons why a Social Security disability claim is denied:
Insufficient medical evidence: The chief reason for a claim being denied is insufficient medical evidence. You must prove that you are unable to work for at least 12 months, which means you should include all the pertinent documentation, tests, treatments and anything else relevant to your condition.
Substantial gain activity or SGA: If you earn more than the SGA, your application will be denied. Your income cannot be higher than the amount of benefits you would receive.
Neglecting to follow treatment plan: Not following the doctor’s treatment plan can result in a claim denial. The plan serves as proof that you are unable to work due to your condition.
Ignoring requests: Your claim can be denied if you ignore requests for additional documentation.
Refiling a claim: You can also be denied if you were previously denied and refiled a claim for benefits. You should appeal instead of filing a new claim.
Reconsideration of Denied Social Security Disability Claims
California recently instituted a reconsideration of denied Social Security disability claims. This policy means that claims that were previously denied will be re-reviewed for consideration. However, this only applies to individuals who have chronic or debilitating medical conditions such as terminal cancer.
Filing an Appeal of Denial of Your Claim
If your claim was denied and you do not have a chronic or debilitating medical condition, you can still appeal the decision. It’s important to know that it can take months or even years before your application is re-evaluated, but you can retain a Los Angeles disability lawyer to assist you. In some cases, you may even learn that your claim was denied simply due to a mistake you made on your application.
In most cases, you only need to deliver additional documentation to the SSA when you file your appeal. The best thing you can do is have legal counsel on your side. If you need a disability attorney Los Angeles has plenty of highly professional, experienced options for you. Having a denied disability attorney in Los Angeles can make a huge difference in the outcome of your appeal.
You will have to submit additional or even new medical evidence and a Residual Function Capacity or RFC form, which must be filled out by your doctor. It’s strong evidence that helps to support your disability claim.
There may also be a disability hearing where a judge will hear why you deserve Social Security disability benefits. Your attorney can help you here as well. You will also be required to answer questions posed by a medical expert.
If the denial of your claim is not overturned, the decision then goes to the Appeals Council and a new judge will review your case. This can lead to the previous decision being overturned.
If you are in California and have your Social Security disability benefits claim denied, you need the Law Office of Kevin M. Zietz on your side. You will have the opportunity to discuss your case with an experienced Los Angeles disability attorney and have a better chance during your appeal.