Millions of people apply for Social Security Disability Insurance each year, but only a small percentage are approved. Having an attorney represent you initially, or after being denied SSDI, can make all the difference when trying to secure needed benefits.
What is SSDI?
Administered by the Social Security Administration (SSA), the SSDI program pays disability benefits to individuals who cannot work because of a qualifying medical condition. Disability under SSA is defined as a condition that significantly limits an individual’s ability to do basic work related activities for at least 12 months. Applicants (or their spouse or parents) must have worked for a certain amount of time in a job where they paid into the social security system to be eligible. Those approved will receive a monthly payment amount based on their average earnings adjusted for any workers’ compensation or public disability benefits.
- if you are ineligible for Social Security Disability benefits simply because you have not worked enough in the past, you may be eligible for disability benefits under a similar disability benefit program — Supplemental Security Income (SSI)
Denied of Social Security Disability Benefits
Unfortunately, many SSDI claims are denied. The most common reasons for denial include: insufficient medical evidence; confusion regarding the appeals process; earnings that exceed threshold; disqualifying employment history; or a non-qualifying medical condition.
Insufficient Medical Evidence – Denials involving insufficient medical evidence typically result when an applicant does not include adequate medical evidence supporting a claim that they are disabled and cannot work. Medical records must include a clear diagnosis and treatments provided. Details such as doctors’ notes on how the condition limits an individual’s ability to work and any time missed from work due the condition should also be included.
Confusion Regarding Process – When an individual is denied, they must appeal the denial rather than submitting a new application, correcting information and providing any missing information that may have prompted the denial. An appeal often involves reconsideration when errors are corrected and/or missing information is provided. An appeal may also be heard by an Administrative Law Judge where an individual can describe how their disability affects their ability to work. If an appeal fails, a review of the appeal is an option, as is filing an action with the federal district court. Working with an experienced SSDI attorney anytime during the appeals process is advisable to achieve a favorable outcome where possible.
Not a Qualifying Medical Condition – The Social Security Administration maintains a database of medical conditions that qualify for SSDI benefits. However, an individual’s medical issue may not be an exact match for a listed impairment so a certain degree of subjectivity is involved to determine if a medical issue is comparable to one on the approved list. If an applicant disagrees with the SSA determination, it is important to seek the help of an experienced attorney to appeal the decision.
Employment History Disqualifying – An applicant needs a certain number of work credits to be eligible for SSDI benefits, which means they must have worked long enough and recently enough to be eligible. Even if an individual qualifies as disabled, they may be denied if they do not have enough work credits. Consult with an experienced SSDI attorney if you are unsure about your eligibility.
Contact Our SSDI and SSI Attorneys for Immediate Assistance
When you are disabled and cannot work, a SSDI denial can be devastating for individuals and their families. An experienced SSDI benefits attorney can advise you on the merits and weaknesses of your case and file an appeal on your behalf to secure your SSDI benefits. If you believe you were unfairly denied SSDI, it is worthwhile to discuss your case with an experienced attorney who can represent you in the appeals process. Contact the employment law offices of Alan C. Olson & Associates for help today.
