Nearly 70% of SSD claims are rejected the first time they are submitted. This means that out of the almost 3 million or more United States residents who file for social security disability in a year, 2.1 million of them will not receive benefits. This is a rather steep number, but it isn’t necessarily shocking. The 2.1 million rejected SSD claims are often a result of common pitfalls, pitfalls that you can avoid if you are planning to apply for SSD benefits. If your initial social security disability claim was denied, or if you plan on filing for social security disability benefits for the first time, see what you can do to make sure your claim goes through with the best chance for a favorable outcome. Many people give up after the initial denial and fail to file an appeal within the 60 day time limit. Therefore it is important to call a social security disability lawyer immediately after you are denied.
Pitfall 1: You do not meet requirements outside of your health condition
SSD is more than just determining that your medical condition fits legal criteria. There are two types of benefit that can be applied for. The first is Disability Insurance Benefits (DIB) under Title II of the Social Security Act. This is a benefit that is based upon the Social Security taxes that you have paid during your working years. Since DIB is an insurance program, you must have paid enough into the system to receive “insured status”. If you do not have “insured status” when you become disabled you will not qualify for DIB. The second type of benefit is Supplemental Security Income (SSI) under Title XVI of the Social Security Act. SSI is designed to help aged, blind, and disabled people, who have little or no income, and it provides cash to meet basic needs for food, clothing, and shelter. The agencies who look at an SSI claim consider income, the amount of savings you or your spouse have, and how your assets weigh against your liabilities. The amount of income or savings you make in order to qualify for SSI is a very low number, meaning that SSI isn’t available to everyone who is disabled. If you make too much money on a monthly basis, or have too much money in savings, your SSI claim will probably be denied.
Pitfall 2: Failure to comply
We wouldn’t say that failure to comply happens because claimants are purposefully deceitful. There is an overarching problem, however, that some people filing for SSD don’t follow all the rules for applying for the program. For example, they don’t file within certain deadlines, they miss their Social Security Administration appointment, they don’t reveal all aspects of their income, their doctors’ reports and records are incomplete, Social Security can’t get in touch with them, or they simply don’t meet other requirements.
Pitfall 3: Your condition isn’t considered severe enough to qualify for disability
The medical condition you have must prevent you from working for a year or more or be expected result in death. As morose as that is, your SSD claim will be rejected if doctors are unsure how long your condition will last or if they believe that you will get better within a one year period. If you are still able to work in a substantially gainful capacity with your disability, however, your case will likely be denied.
Pitfall 4: You didn’t hire a lawyer
Attorneys, such as those at Tuite Law, are often instrumental in helping SSD claimants receive their benefits. As you have already noticed, applying for SSD benefits is a difficult endeavor. But many of the things you may miss on your own can be caught by an attorney who can help you with the process, especially if you have already applied and were denied. Our fees are contingent upon your award of SSD benefits, and our payments will be taken directly from these benefits, meaning you don’t have to pay a dime out of pocket to employ our services unless we are successful. (The costs to obtain medical records and reports are extra). To ensure the best results, and save you a lot of hassle in the process, a social security disability attorney will be crucial for helping you obtain your benefits.
Now that you know why your claim was rejected the first time, you have the opportunity to appeal as long as the 60 day time limit has not expired. If the deadline has passed you may have the opportunity to start over and file a new application. Take the opportunity to contact our Rockford social security disability attorneys at Tuite Law. We will consult with you to determine how you can receive these benefits and advocate for you every step of the way.