8 Reasons Your Disability Claim May Be Denied
There are many stipulations to receiving Social Security Disability Insurance Benefits. Most people only think of why they deserve benefits, rather than what they can do to avoid having their disability claim denied. These simple steps may help you avoid a lengthy delay in receiving disability benefits.
Number One: You earn too much.
There is a limit to how much income you can earn while filing for a disability claim. Simply put, if you exceed that limit, you are not eligible for benefits because you earn too much to be considered disabled. This limit is $1,070 per month for non-blind people in 2014.
Number Two: The disability is not expected to last long enough
The Social Security Administration’s (SSA) criteria for qualifying for disability benefits states that your disability must be expected to last 12 months or longer, or must be expected to result in death. Blind applicants have their own requirements, and each case is evaluated individually.
Number Three: The SSA cannot find you
Make sure you give the Social Security Administration correct contact information for you and your representative (aka your SSD attorney). If the agency cannot reach you for the answers to critical questions, your claim could be denied.
Number Four: Refusal to Cooperate
Your disability claim hinges on your medical records and their availability to the SSA. If you do not make those records available, your claim could be denied. Also, the SSA may request that you be seen by an SSA doctor, at their expense. Your refusal to see their doctor, or if you insist that the SSA make a determination based upon your existing records, your disability claim could be denied. Keep in mind that the SSA has specific requirements for how data is recorded in your records, and that your primary doctor may not have met those requirements when documenting your condition.
Number Five: Failing to follow prescribed therapy
If you fail to adhere to a physician’s prescribed treatment when you have the ability to do so, you may be denied disability benefits. There are exceptions that are excused by the SSA, so talk to your disability attorney about how these may apply to your situation.
Number Six: The disability is based upon alcohol or drug addiction
If alcoholism or drug addiction are contributing factors to your disability, the SSA may deny you benefits. There is a common misconception that disability benefits are not allowed to those who are addicted to drugs or alcohol, which is not entirely true. There is also a common misconception that a drug or alcohol addiction is an automatic qualification for disability benefits – this is also not entirely true.
Number Seven: You have been convicted of a crime
Certain crimes and conditions of imprisonment can prevent you from receiving disability benefits. Some of these conditions can included; if the disability happened during the committing of a felony, or if you were injured while incarcerated. These are just two of the examples, and there are many more to consider. If you have been convicted of a crime, notify your Social Security Disability attorney right away.
Number Eight: Fraudulent Claims
If you receive Social Security disability benefits by any dishonest means, the SSA will terminate your benefits immediately and may prosecute you for fraud.
These are not the only ways your Social Security disability claim can be denied, there are many more extenuating circumstances that may come into play. What if your disability is not severe enough? What if you are expected to heal within a year? The answers to these and other important questions are only a click or call away.
Pennsylvania Social Security Disability Attorneys
Contact a proven Pennsylvania Social Security Disability attorney at Handler Henning & Rosenberg today for a free consultation about your SSD claim.
Contact the Law Offices of Handler Henning & Rosenberg, LLP for a FREE consultation at 1-800-461-4140 if you have any questions about your Pennsylvania Social Security Disability case.