Disability claim specialists Edelstein Martin & Nelson explain what can be done to avoid denial of disability claims.
Each year, around 5 percent of the United States workforce experience some type of injury, illness, or health condition that prevents them from working either short-term or indefinitely.
According to the Social Security Administration, in 2020, there were approximately 2.7 million disability claims made in the United States.
The injuries leading to disability claims are many and varied. According to the Disability Approval Guide, the most common workplace accidents that lead to disability claims are falls, slips, and trips, followed by contact with objects or equipment, violence, and transportation-related accidents.
Although we hope that everyone affected by a disability is able to receive the benefits that they are entitled to, we continue to see eligible people wrongfully denied the money and benefits they deserve.
If you have been denied disability benefits, an experienced team of disability insurance claims attorneys can help you appeal your claim and fight for the rights that you deserve and achieve the outcome you also deserve.
So what are the key elements required to ensure you have a successful disability claim?
With a better understanding of common reasons why disability claims are denied, you may be able to take the steps necessary to prevent a wrongful denial from affecting you.
Here are 5 common denial reasons that you should know.
You Do Not Have Enough Medical Evidence to Support Your Claim
One of the most common reasons why disability claims get denied is not having enough evidence. Medical records play a critical role when it comes to showing that your disability has made it nearly impossible for you to live, let alone perform the job on a full-time basis. If you file for disability benefits and you are denied due to not having a sufficient medical record regarding your disability or your injury, it is not the end of the road.
An attorney will be able to help you gather evidence for your claim. They will be able to file an appeal and fight to ensure that you are able to get the benefits you need. Your attorney will work with your doctors and other healthcare providers in order to ensure that you have the right information to present with your claim for disability benefits. If you have not yet filed for benefits, you should reach out to an attorney to discuss your case and to make sure that you have all of the evidence that is needed for your claim to be processed successfully.
Your Income is Not Enough to Qualify For Disability Benefits
In order to qualify for disability benefits, you must meet specific income requirements. Income is often used to determine if you qualify for benefits and what types of benefits you qualify for.
When filing for Social Security disability insurance, you need to have a specific amount of credits in order to qualify. If you do not have the credits necessary to support your claim for compensation and benefits, you may still qualify for supplemental security income.
While filing for disability benefits, there are situations where you are able to continue working throughout the claim process. However, you must make less than $1260 a month. If you are blind, you can make up to $2100 a month during the application process and while receiving benefits.
It is important that you reach out to an attorney to verify that your income meets the qualification standards in order to receive benefits to which you may be entitled. Your attorney will be able to review your financial records and help determine what benefits you may qualify for.
You Have Been Previously Denied Disability
The unfortunate truth is that studies show that more than 60 percent of people have their claims for disability benefits denied on the first try. The chances of being denied benefits are especially high if you do not have a lawyer’s assistance throughout the application process.
If you have been denied benefits but continue to apply instead of appealing the denial, you are most likely to be rejected multiple times. Once you have established a history of several denials, it can be incredibly difficult for you to win a claim for benefits or even appeal on your own.
Working with an attorney will be able to provide you with the best chance of winning your appeal or your claim for benefits. Having an attorney in your corner who believes that you are rightfully entitled to benefits can help to prove to the court that they made a mistake in denying you the money and benefits that you requested.
Your Ability To Work Has Not Been Significantly Affected
When applying for disability benefits, the Social Security Administration will look at all aspects of the job that you have previously had. They will determine if you have the ability to perform any function of the job, which would deem you ineligible for disability benefits.
If you are able to sustain any type of full-time employment, you are less likely to be approved for any type of disability benefits. The agency will often look at whether you have any skills that may be transferable to other areas of work that can help you achieve and maintain gainful employment.
A disability lawyer will be able to present evidence on your behalf and fearlessly advocate for you to prove to the court that you are unable to work due to your disability or illness. This will provide you with the best chance of getting disability benefits when applying.
The Social Security Administration will also take into consideration how old you are when you are applying for disability benefits. Many people who work in the administration believe that the older a person gets, the more challenging it can be for them to start a new career all over again. Conversely, they tend to believe that individuals who are much younger have the ability to learn a new skill and adapt to a new career or even seek higher education in order to learn a new trade.
Even though it is possible for younger individuals to receive benefits, it can be quite challenging. If you are between the ages of 18 and 49, an attorney will be most valuable to you when it comes to proving that you do not have the ability to work and that you should receive benefits for your disability claim.
Seeking Help From A Disability Lawyer Can Help
If you are interested in filing a claim for disability benefits, it is always in your best interest to seek guidance from a disability lawyer. An attorney will be able to gather evidence for you, build your claim, and file for the benefits and compensation that you rightfully deserve.
Source: Edelstein Martin & Nelson, NJ, DE