After a Social Security Claim Denial What Can I Do?
Sept. 18, 2020
Reasons for a Denial
You may be denied Social Security for any number of reasons, but there are two issues that come up in most cases:
● You could not meet Social Security’s medical requirements because you didn’t submit enough information on your medical condition.
● You could not meet the nonmedical qualifications. In the case of SSDI, this generally means that your work history was insufficient. If you applied for SSI, it usually means that your assets or income were too high.
The two reasons listed above are the most common reasons for a denial, but there are also several other reasons that can result in the denial of Social Security benefits. These include the following:
The Disability Isn’t Severe Enough.
This means that the Social Security Administration or SSA didn’t believe that your condition was severe enough to be debilitating for at least one year. For example, if you were hurt in an accident in which you sustained broken bones, your claim may be denied because the condition would not be disabling for at least a year.
You Didn’t Follow Your Doctor’s Instructions.
This occurs when you are under the care of a physician and you fail to follow his or her instructions even though you have the means to do so. You have several medical and nonmedical excuses for failing to follow instructions that SSA will recognize.
The Disability Is Based on Alcohol or Drugs.
If your drug addiction or alcohol addiction contributes to your disability, SSA may deny the claim. The question the SSA asks is whether or not you would be disabled if you were in recovery for your drug or alcohol addiction.
How Do I File a New Application?
A denial isn’t something to be unexpected. Many applications are denied the first time that they are filed. In fact, only one-third of applications receive approval for benefits the first time that they are submitted. After receiving a denial, you are entitled to have your application examined again, but it might be better for you to apply for Social Security benefits again.
Before we look into how you can file a new application, let’s examine the reasons that these claims are denied. In a majority of these cases, SSA denies the claim because of nonmedical issues. That would be 871,000 denials. Nearly 547,000 claims were denied because the applicants couldn’t satisfy the nonmedical requirements. Therefore, it would be advisable for you to focus on the following:
● For SSDI Disqualifications: Your work history is very important here. You are required to have completed 20 work quarters based on your most recent 10 years of work history.
● For SSI Disqualifications: To qualify for SSI, your assets and income must not be higher than the listed threshold. A couple may earn $1,260 per month and have $3,000 in assets. One person can only earn $1,260 a month and have less than $2,000 in assets.
For Help Filing a New Application, Call Social Security Lawyers Towson Maryland
If you need help filing a new application, Maryland Social Security disability attorneys at the law offices of Gordon Wolf and Carney are here for you. The process for filing a Social Security disability claim is very complicated, and it can be confusing. You don’t have to undergo this daunting process all by yourself because the law allows you to retain SSDI lawyers. We can help you navigate your way through the entire process. Our SSDI lawyers are intimately familiar with every step in the process of filing for Social Security disability benefits. You will have an SSDI attorney to explain everything to you from the beginning until the end.
Contact our Maryland SSDI attorneys today for more information. You are also welcome to call us to set up a free consultation.