Social Security Disability Attorney Denied

Social Security Disability Attorney Denied: how long does it take for a lawyer to get your disability?

When someone is no longer able to work due to an injury, illness, or other disability, Social Security disability payments may be available to provide them with an income on which to live. Many people file for disability on their own, without a lawyer, because they believe that it is so clear that they are disabled that they will not be denied these payments (they are known as Social Security disability insurance (SSDI). However, there are many reasons why an individual may be barred from receiving SSDI. Only 35% of the applications filed in a year are granted on the first submission.

The denials are because the application was completed incorrectly or they did not submit sufficient medical evidence proving their disability. One of the most important benefits of hiring a lawyer is ensuring the claim is properly submitted. While it is always best to have an attorney from the beginning of the claims process, an attorney can assist an applicant at any time. If a claim is denied, that decision can be appealed. These cases often require adherence to specific rules and regulations and the ability to analyze and present complex and substantial medical evidence. This is a complicated process, and it helps greatly to have an attorney’s assistance. An experienced lawyer will be familiar with the Social Security appeals process and will be able to present the case best.

What Disabilities Qualify for Disability Benefits? how long does it take for a lawyer to get your disability?

For an individual to qualify for disability benefits, they must meet the Social Security Administration’s definition of disability. The Social Security Administration (SSA) follows a five-step sequential disability analysis to determine if an individual is disabled. The steps are:

• Is the individual working? If they are currently working, that suggests that they do not have an impairment or illness that prevents them from working.
• Does the individual have a “severe” impairment? That is partially measured by whether or not the impairment is permanent; SSA requires that the disability has lasted a year or more, is expected to last a year or more, or is expected to lead to the claimant’s death.
• Does the individual have an impairment that is on the government’s list of impairments that are automatically considered “severe”? Some conditions automatically qualify for SSDI income without a showing of other evidence. The claimant must provide sufficient medical evidence that they have one of those conditions.
• Can the individual perform past relevant work? “Past relevant work” includes any present work. The SSA will determine whether or not the individual can perform the same kind of work or profession they engaged in before the disability occurred.
• Can the individual perform other work? If the individual cannot perform their normal work, the SSA will then determine whether or not they could perform a new job given their age, education, and work experience.
• What Are Other Reasons Why I Can be Denied Disability Benefits?

Other reasons why an individual may be denied disability benefits include:

• The SSA cannot locate the individual because they moved and did not update the SSA with the new address
• When the SSA asks for more information or evidence, the claimant does not cooperate (this could mean not submitting the requested information)
• If the claimant’s doctor prescribes a therapy to attempt to treat the condition (this could be a trial of medicine), and the claimant does or does not follow the therapy, their application will be denied.
• The disability claimed is for an alcohol or drug addiction, although a medical consultant would have to make that determination.
• The claimant has committed Social Security fraud

A denied Social Security Disability claim is not the end of the story; rather, it presents an opportunity to gather your thoughts and, with the help of an experienced attorney, strengthen your case. These experts bring a wealth of legal knowledge, a thorough comprehension of SSD laws, and the ability to manoeuvre through the intricacies of the appeals process. Speaking with a Social Security Disability lawyer after receiving a denial is essential to obtaining the benefits you are entitled to and navigating the appeals process.