Even if you become permanently disabled, it can be difficult to get approved for disability benefits without going through the appeals process. After all, the government wants to reduce their risk of providing coverage to people who do not actually need it, so it is common for claims to be denied the first time. Therefore, if you are disabled and truly need the assistance, you should be prepared to spend an extended period of time dealing with paperwork and hearings that are part of the appeal process. Fortunately, your odds of being approved go up when you appeal, and working with an attorney who specializes in disability cases will increase your odds even more.
Top Reasons that People are Denied for Disability
1) Incomplete Paperwork – Each state has different guidelines that determine exactly how the process of filing for state disability insurance works. However, regardless of your location and the type of disability claim that you are filing, you must fill out all of the applicable paperwork completely and accurately. Any mistakes or omissions can easily lead to a denied disability request. Additionally, you need to ensure that all of the necessary proof to back up your claim is submitted with your paperwork.
2) Failure to Meet Specific Requirements – Individuals who file for Social Security disability insurance benefits have to be able to prove that they are no longer able to perform their current job and they cannot adjust to a new position. It is also necessary to have accrued at least 40 work credits before you can file. The only exception to this rule is made for people who become disabled when they are young. If you are filing for state disability benefits instead, you will need to review your local requirements to make sure that you are eligible. Each state has different guidelines and requirements for qualifying for disability.
3) Questionable Diagnosis – Even if your doctor signs a statement saying that you are disabled, this does not mean that your disability claim will be approved. In fact, it is common for people to be denied for claims that seem questionable, especially if the issue cannot be easily verified. For example, if your doctor says that you have a panic disorder that prevents you from working, your claim could be denied because the people who review your case do not believe that your issue has been properly proven.
What Should I do if I am Denied?
You will only have two options if your claim is denied: you can file an appeal or drop your case. Most people will choose to file an appeal, and this will provide you with the opportunity to submit any new evidence that supports your claim. You will also most likely get a hearing to discuss your case. However, it is important to note that not every appeal is granted a hearing.
The best way to deal with a denied claim is to have an attorney assist you with the process of filing an appeal. After all, an attorney who works primarily on disability cases will have a much better understanding of how to present your case. Therefore, it is best to work with a lawyer from the very beginning.
Melanie Fleury is a long-time sufferer of Lupus, an autoimmune disease that can often lead to the sufferer becoming disabled. Marc Whitehead & Associates, a national disability claims law firm, advocates for the disabled by appealing disability denials. Being denied disability can be frustrating without the proper assistance to work through the process.
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