Denial of disability claim is not uncommon | Rosenthal, Levy, Simon & Sosa

Denial of disability claim is not uncommon

A debilitating condition can result from an illness, injury, or a birth injury or defect. The Social Security Administration considers such conditions disabilities when they prevent people from obtaining or maintaining gainful employment even with accommodations. If you have a serious and lasting condition that keeps you from working, you may qualify for disability benefits.

The process of obtaining disability benefits through the SSA can be complicated and frustrating. This is because many who attempt to claim benefits for a disability are actually committing fraud, which drains funds from those who genuinely need them. The SSA has strict standards in place and a rigorous procedure for those seeking Social Security Disability benefits. Not many obtain approval the first time they apply. If the agency has denied your application, you may wish to know why.

Why was your claim denied?

You may feel you have a valid reason for seeking benefits through the SSA, but the agency sent you a letter denying your claim. The letter should explain the reasons, and you may wish to review those reasons with an attorney. Some of the common reasons for a denied claim include these:

  • You are still able to work or your condition will not prevent you from working for a year or longer.
  • Your income is higher than the maximum allowed for a recipient of disability benefits.
  • Your address, phone number or other contact information changed, and you did not notify the SSA of your new information, so agents were unable to contact you.
  • You did not complete the correct forms, or you failed to follow instructions for releasing necessary medical information to the agency.
  • Your disabling condition is the result of past or present alcohol or drug abuse.
  • Your disability is related to injuries suffered while committing a felony act or while in prison following a felony conviction.

If none of these applies to you, the SSA may have denied your claim simply because you did not adequately prove your disability. This may mean that you can appeal the denial by providing additional documentation, medical records and physician reports.

The SSA may also claim that you did not follow your doctor’s advice for treating your condition, such as taking the appropriate medications or meeting with a therapist. However, you may be able to provide evidence that you had a reasonable excuse for failing to abide by your doctor’s treatment plan. With the assistance of a skilled Florida attorney, you may have success by appealing the SSA’s denial of benefits.

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