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It is not uncommon for people to be denied disability benefits. This is not necessarily because they do not qualify for them. Many of these people are entitled to benefits. But for various mistakes or misunderstandings about disability laws, their application was denied. The following are a few of the common reasons for a denial of benefits.
The injury was not well documented
This is at the top of the list of reasons why a claim is denied. You may know that you have a medical problem that prevents you from working, but this is not enough. Nor is it enough to have a letter from a doctor's office. You need to have extensive documentation regarding your disability. How did it happen? What steps have been taken to rehabilitate and what are the results? It is in the area of documenting your medical condition that a lawyer can be of great help.
Your injury does not qualify
You may believe that you have an injury or medical condition that prevents you from working, but this may be different from what the law states. Eligibility requirements for disability as they relate to any medical condition are specific. There is not much room for subjective decision making on the part of the employees at the disability office. Before you apply, you need to be certain that your condition qualifies you for disability. Do not make assumptions.
You don't qualify due to income
If your income has been curtailed due to your disability, you may still qualify for disability, but your income must be less than a maximum amount stated in the law. This is true regardless of the hours you work or whether you are employed by a business or self-employed. These income limits are adjusted each year. But make no mistake, if you attempt to bring your income below the qualifying amount, you will be expected to explain how you are paying for your living expenses.
You never paid into the system
Disability is not a welfare program. It is not simply a matter of having a medical condition that prevents you from working and an income that is below the maximum threshold, you need to have paid into the system. This will entitle you to disability, if you qualify. There are a certain minimum number of hours you must work when you pay into the system before your claim can be considered.
Keep in mind that if your application for disability is denied, you are entitled to an appeal. If you are in this situation, you should always have an attorney for the appellate process. However, it is also a good idea to consult an attorney before your initial application because this will substantially decrease your chances of being denied benefits.
If you need a social security disability attorney, reach out to a lawyer at a law firm like Parmele Law Firm, PC.
Share29 June 2018
