According to the Social Security Administration (SSA), nearly 67 percent of initial disability claims are denied. If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) has been denied, you can appeal the decision. However, the appeals process is rigorous, and small mistakes can cause consequential interruptions or delays in benefits.
The team at Disability Advocates Group can manage your long term disability appeals and help you seek the benefits you are owed. We have extensive experience with the SSA rules regarding disability appeals and can provide informed advocacy. Every day you go without necessary benefits can put you under undue financial pressure. We understand the challenges of navigating life with a disability and will work to secure the financial security you require. Contact us today to speak to a disability appeal attorney in Florida.
Reasons for Long Term Disability Benefit Denials
Millions and millions of people apply for Social Security benefits annually, but only a very small percentage are approved initially. The SSA denies applications for a number of reasons, most of them relating to errors, eligibility criteria, and a lack of documentation.
Insufficient Medical Evidence
You must provide enough medical documentation to prove the extent and severity of your disability. One of the main reasons for denials is a lack of medical evidence. There is typically a medical evaluation when you apply, but this evaluation may not be sufficient to demonstrate disability. You need documentation concerning your initial diagnosis, treatment plans, condition progression, and functional limitations.
Too Much Income or Assets
Another common reason for denial is that you make too much money or have too many personal assets. SSDI and SSI both have monthly income limits, and SSI also has a personal asset limit. If you make too much money, you cannot qualify for disability benefits unless you reduce your income or spend down personal assets.
Condition Does Not Qualify
The SSA has a list of medical conditions severe enough to limit a person’s ability to engage in substantial gainful activity (SGA). Your disability might not fall neatly into one of these categories, even if it limits your ability to work. If the SSA decides your condition does not qualify, they can deny your claim.
Not Enough Work History
SSDI applications require you to have a sufficient work history. You must have a long enough work history and have worked recently enough to be eligible. Generally, you must have earned at least 40 work credits, with 20 of those being within the past 10 years.
Not Following Application Procedure
Applications can be denied if you omit important information or fail to supply additional documents when requested. You may also be denied if you submit multiple applications instead of following the appeals process.
Process for Appealing Denials
There are four main paths for appealing a denied SSDI or SSI claim. You may not have to go through all four stages, depending on whether the SSA reverses its decision on your application.
Reconsideration
The first step is requesting a reconsideration of your application. Specifically, there are two types of reconsideration requests. Disability reconsiderations are for applications denied for disability-related reasons. Non-medical reconsiderations are for applications that were denied for reasons unrelated to disability. You must file an initial reconsideration request within 60 days of receiving your application decision.
Hearing
If the reconsideration is unsuccessful, the next step is scheduling a hearing. Disability hearings are not public and do not have a jury. During a hearing, a judge will ask questions about your condition and may call expert medical witnesses. Hearing requests must be made within 60 days of receiving a reconsideration response.
Hearing Review
If you disagree with the decision of a hearing, you have 60 days to request a hearing review with the Appeals Council. They will assess the judge’s decision and either affirm it or return it for review.
Federal Court Action
If none of the other methods are successful, the last option is to file a civil suit against the SSA. Formal litigation is an option when all other appeal channels have failed. Again, you have 60 days to file a court action after receiving a hearing review decision.
How Long Does the Appeals Process Take?
The length of the appeals process can vary significantly, depending on how many steps you move through. In the most ideal circumstances, appeals can be resolved in just a few months. However, the appeals process can take over a year, especially if it moves into the later stages of hearings and court actions. The SSA’s backlog on appeals is high due to staffing shortages and various other reasons. But an attorney can expedite the process by minimizing errors and the need to file multiple appeals and hearing requests.
How an Attorney Can Help With Long Term Disability Benefits Appeals
Appealing a long term disability decision can be overwhelming, especially for those who are managing a medical condition or illness. Disability Advocates Group can take the legal burden off your shoulders and handle the entire appeals process from start to finish. We can help you gather additional evidence concerning your conditions and represent you in hearings in front of a judge. If necessary, we can also file a formal lawsuit against the SSA to fight for your disability benefits and eligible back pay.
Our firm devotes itself specifically to helping individuals go through SSA’s disability systems, so our attorneys have exceptional knowledge regarding appeals and hearings. You need an advocate who will stand at your side every step of the way and fight to secure the disability benefits you are owed. Contact us online or reach out by phone today to speak to a long term disability benefits appeals lawyer in Florida.