My disability claim has been denied
If your social security disability claim has been denied, it does not necessarily signify a cause for panic. In fact, statistics show that around 65% of claims are denied at the initial application stage. The best course of action in the case of an unfavorable decision is to seek representation and file an appeal. A qualified Social Security Disability Attorney in New York can assist you in understanding proper reconsideration and appeals procedures.
Why is a Social Security Disability claim denied?
In filing an appeal, it is essential to understand why your claim may have been denied; there are several common reasons:
- There wasn’t enough Medical Evidence provided.
- Your Disability won’t last at least 12 months.
- Your current income is in excess of what is permissible.
- Not enough work credits. Generally, must have worked 5 of the 10 years preceding the disability onset date.
- Your application lacked proper documentation or did not meet the strict deadlines for submitting documents. The SSA has a list of documents that will need to be filed with your application.
- You are not a U.S. Citizen.
- A failure to return a phone call to a caseworker. Oftentimes SSA caseworkers will contact applicants to follow up and get more information regarding work history or other information. Usually, they will call an applicant once, and if their call is not returned within a timely fashion, your application may be denied.
What Can a Social Security Disability Attorney Do for my Appeal?
Before your appeal, your SSD application process was primarily handled online, via email, phone, and mail. However, in the case of an appeal, you may need to appear before an Administrative Law Judge. A few months before your hearing, you will receive notice in the mail confirming the date, time, and location of your hearing. If you fail to appear without cause, your claim will be dismissed.
An SSD attorney will ensure you are prepared for the hearing by going over questions you can expect and how to convincingly and appropriately explain your situation. The Judge will most likely focus on why you are unable to work. You must demonstrate why your medical condition makes obtaining and retaining meaningful, gainful employment impossible. An SSD attorney will also ensure that the pertinent medical evidence and medical source statements in support of your claim have been presented for the Judge’s consideration.
