It is estimated that over 65% of people who apply for social security disability get rejected. Because of the frequency of denial, many people are left wondering why their claim was denied and what they can do after a denial. There are a few ways to appeal a denial and receive the benefits that you need.
What is Social Security?
Social security is a system signed into the New Deal in 1935 by President Roosevelt. The Social Security Act was initially designed to promote economic security for those 65 and older so that they can retire and not have to worry about their finances. However, as the decades have gone by, amendments have been made to the Social Security Act to include other groups of people that aren’t eligible workers or lost the sole breadwinner of their home. The following groups are currently eligible to use social security benefits include:
- Those who have officially retired
- Those who are disabled and unable to work a regular job
- Those who are survivors of working loved ones who have passed away
- Those who are defendants of beneficiaries
As time progresses, more groups may be able to utilize social security benefits. Social security beneficiaries can receive up to 40% of their typical yearly income.
Reasons Why Your Social Security Could Have Been Denied
When you apply for social security disability, there needs to be a substantial motive behind it. This benefit has the potential to attract fraudulent claims, which is why it is difficult for many applicants to receive social security disability benefits. Some of the most common reasons why the Social Security Administration (SSA) denies social security disability applications include:
- There is no medical evidence to support the severity of your injury- When applying for social security disability, an applicant needs substantial medical documentation to prove the severity of their injury. If you have received a denial, it may be because you did not provide enough documentation or that the documentation that you have provided indicates that the injury isn’t severe.
- Your disability isn’t persistent- Everyone gets injured, but in order to file for social security disability, a person must have an injury severe enough to last for a minimum of 12 months. This does not apply to any disabled person who is blind.
- You earn too much money- Those who apply for social security disability can still have an income. The SSA designates a monthly income rate for nonblind disabled earners every year. For example, the figure for 2021 is $1,310. If a disabled worker makes more than that per month, they make too much money to file for social security disability.
- You refuse to follow proper therapies and treatments prescribed to you- If you have the financial ability to handle your disability, you will not be eligible for social security disability benefits. Those who cannot afford treatment or are medically unable to comply with treatment may still be able to receive benefits, however.
- Your disability is related to drug or alcohol consumption- The Social Security Administration will look at that application and will not grant disability to those whose disability could be solved by discontinuing the usage of a particular substance.
- Not properly cooperating with the application process- Applying for social security disability can be an extensive and sometimes invasive process for applicants. Any applicants that refuse to cooperate with the process may be denied benefits.
If you have been denied social security disability benefits and you still believe that you qualify, there are a few avenues that you can go down to secure the funds you need.
What to do After a Denial
Getting denied social security disability benefits can be discouraging for many applicants, but there are ways to try and appeal the decision made in your case. There are four different types of appeals that you can file for:
- Reconsideration- A reconsideration allows your case to be viewed and decided on by someone not involved in the decision process with your first case.
- Hearing by an administrative judge- If you did not agree with the decision that was made during your reconsideration, you can appeal the decision and have your case moved over to an administrative judge who has no knowledge or involvement with your case prior.
- Review by the Appeals Council- The Appeals Council does not take on many cases and always makes sure to check each case’s specifics and make sure that they fall under the social security law. Though you request a hearing with them, they have the option of passing your case back down to an administrative judge or taking it on themselves.
- Federal Court Review- If you don’t agree with the Appeals Council’s decision or are unable to get to your case, you may be eligible to file a civil suit in a federal court.
There are many options for those who really need or want to appeal their case. The SSA has a designated webpage to assist and better inform those filing for an appeal.
Another asset you can apply to your appeals case is an attorney. Hiring an attorney can greatly benefit your case as an attorney experienced in social security disability understands the process and can better help you navigate it. They are able to handle the complexities of your case and ensure that you have all the proper documentation for your appeal. They can, additionally, increase your chances of successfully appealing your case and get you closer to receiving social security disability.
Contact The Eichholz Law Firm
If you need help appealing your social security disability denial or would like assistance filing for social security disability, contact the experienced attorneys at the Eichholz Law Firm. Our attorneys will help you with your application or appeal and fight to get you the funds you deserve. You can call us at 855-551-1019 or fill out a form on our website here.