Receiving a Social Security Disability (SSD) denial letter can be upsetting when you are already coping with the stress of a disability. Understanding the SSD denial letter is challenging, and dealing with Social Security Administration at the same time can be exasperating. Hiring a board-certified social security disability attorney in Virginia to represent you is the best decision.
Kalfus & Nachman's disability lawyers understand the laws governing SSD insurance and government disability benefit programs. Our expert legal professionals can help you at every stage of the procedure, from gathering the necessary documents to the appeals process and successfully enhancing your chances of obtaining benefits.
Key Points in Social Security Disability Denial Letter to Understand
Disability benefits are a crucial source of income for those who cannot work due to an accident or illness. If you file a disability application and your claim gets denied, you will receive a notice of disapproved claim. The denial letter may contain critical information about the reason for denial and the information you must provide to file an appeal successfully. The letter may have some key phrases such as:
- Does Not Meet an Impairment Listing: You are eligible for disability benefits if your condition meets with the listing in the Blue Book. Social Security Administration (SSA) keeps a list of impairments generally referred to as the Blue Book. However, just because your condition does not match one of the listed impairments does not mean you are not disabled, and that is not the only way to qualify for benefits.
- Non-Severe Medical Condition: If the letter says “Non-Severe,” it means the SSA does not believe the condition listed in your application is severe enough to qualify you for disability benefits.
- Ability to Do Past Jobs: Even if you have stated that you have disabilities, the Social Security Administration may decide to deny your application. They may approve that you can continue with the same type of work that you did previously, stating that your disabling condition does not limit your functional capacity to do the jobs you were doing earlier.
- Ability to Do Other Works: In some cases, the letter may acknowledge that the claimant may not return to a previous job, but it may also affirm that he can do a different work instead as per your age, residual functional capacity, education, and job skills.
A social security denial notice's legal language may be confusing. It is always best to seek legal advice from an experienced social security disability attorney regarding your application or appeal.
Vital information in the Denial Letter
Two key points require your attention, even if you don't think you comprehend everything in the denial letter. They are as follows:
- the notice date on the denial letter,
- and information on how to appeal the denial.
Denial of Social Security Disability benefits does not have to be the end of your fight for getting your legal right; you still have a good chance of receiving benefits through the appeals process. You have 60 days from the date of the denial notification to submit an appeal with the Social Security Administration. The refusal letter contains instructions on how to appeal. However, if you have been denied benefits, you should consider hiring an expert social security disability lawyer for the appeal. A skilled SSD attorney in Virginia can assist you in gathering all supporting evidence and documentation required for your case and can then present a compelling argument to get a favorable judgment.
Understanding Reasons Why Your SSD Claim May Get Denied
The Social Security Administration's claim reviewers may have denied your SSD benefits application for various reasons. While receiving a denial determination notice is disheartening, understanding the SSD denial letter and the possible grounds for denial can help you navigate the appeals process. Here are some of the typical denial reasons:
- An incomplete application: - If your application is incomplete, SSD may reject it. It is necessary to ensure that all of the information requested on the form is complete.
- Lack of Medical Evidence: - SSA may believe that changes in your medical condition's diagnosis, severity, and duration will improve, and hence your application gets denied.
- Too Much Income: - This indicates that the applicant did not meet the financial eligibility criteria. Income, resources, living arrangements, marriage status, and dependents may impact this decision.
- Failure to Comply with Consultative Exams: - You may be required to undergo an exam conducted by a third-party medical expert. If you do not show up for the exam, your application may get denied.
- Failure to Follow Prescribed Therapy: - You may receive a denial letter if you do not comply with a doctor's recommendation for treatment.
- Lack of Work History: - A denial based on such a reason would necessitate you accumulating more work credits since your initial application. Typically, this is a more difficult denial reason to overcome.
The Social Security Administration denies nearly two-thirds of all initial disability claims every year, making the appeals process lengthy and complicated. Legal professionals in this field with experience in the reconsideration and appeals process may develop a case to overturn the rejection and resubmit it to an SSA.
Let our SSD lawyers help you get the benefits you deserve.
Applying for these SSD benefits can be overwhelming. People seeking disability benefits already have a tough time carrying out daily tasks; pursuing an SSD claim from the government adds to their difficulties. The appeal process after a claim denial is intricate, and it's crucial to stay on top of all deadlines and submit a valid appeal. If you are fighting for your SSD benefits, seeking advice from an experienced SSDI attorney is imperative.
Virginia's top-rated SSD lawyers at Kalfus & Nachman can assist you with the complex application and appeals process. We'll handle everything from start to finish to obtain your rightful disability benefits while you focus on your health and family. Call us for a free consultation today at 855-880-8163