Don't Panic If Your Disability Claim Has Been Denied

 About 65% of all Social Security disability benefits claims are denied at the initial application stage.

Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job.

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can alleviate some of these worries. Unfortunately, there is a significant chance that your application will be denied, even if you rightfully qualify for disability benefits.

Getting an Unfavorable DecisionThe Disability Appeals Process

If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision and improve your claim. 

If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision. The SSDI and SSI application process includes an involved reconsideration and appeals process, so with the help of a Social Security Disability lawyer or advocate, there is a good chance that you will eventually be awarded the benefits that you rightfully deserve.

What To Do If Your Disability Claim is Denied?

If your disability claim is denied, the first thing that you can is file a request for an appeal from the SSA. The first stage of the appeals process is called the reconsideration stage and its complete review of your disability claim by someone at the SSA who was not part of your initial denial position.

After your initial disability claim is denied, you usually have up to 60 days to file an appeal for reconsideration. It is recommended that you file that claim for reconsideration as soon as possible.

If your disability claim is denied, you will be able to file your appeals claim online. If your disability claim is denied, you are allowed to provide more medical information and evidence to back up your claim that you are unable to work because of your disability.

That person performing your disability reconsideration will look at any new evidence all the evidence used to make the original decision and will make a determination on whether your disability claim is approved or denied. To make sure you submit the strongest appeal you possibly can, check out our article discussing the signs your disability claim will be approved for some helpful tips and information.   

How Many Times Can You Get Denied For Disability?

You can get denied up to five time for disability. After your initial claim for disability gets denied there are another four stages of the appeals process.

The first stage of the appeals process is the reconsideration stage followed by a hearing with an administrative law judge (ALJ), then a review by the appeals council if your claim is still denied, the last part of appeals process is a federal court review.

While you can get denied up to five times for disability, there are no limits for how many times that you can send in an application.

As your claim gets denied, it becomes harder and harder to get approved for disability benefits. Because of that it is recommended to gather and provide as much medical paperwork and evidence of your disability as possible with your initial claim to prove that your disability will make it impossible for you to work full time.

Why a Claim May Be Denied

One reason to not panic if your application is denied is that the vast majority of claims (approximately 65%) will be denied at the initial level. This is not to say that they all should have been approved, as false and inappropriate claims are common. As a result, a great deal of scrutiny goes into the application review process used by state-run Disability Determination Services (DDS) in conjunction with the SSA.

Applications that are not well developed run a high risk of denial at any stage. It is an unfortunate fact that due to the overwhelming volume of applications, reviewers at the DDS often wrongfully deny Social Security Disability applications out of hand, particularly if they are perceived as incomplete, improperly filled-out, or simply lacking the medical evidence necessary to prove total disability or inability to work.

SSI Denial Reasons

Some of the reasons for denying SSI benefits are relatively obvious, while other reasons are more difficult to notice.

Violation of Income Limitation

You cannot have SSI income that is more than $2,000 per year. This includes wages and the income generated from self-employment. The $2,000 limit also applies to assets, such as stocks, government bonds, and a life insurance policy. Even if you do not generate more than $2,000 income from a rental property, the real estate value of the property cannot exceed $2,000.

Lack of Proper Documentation

As one of the more obvious reasons to deny SSI, failing to submit the proper documents to the SSA leads to the denial of your claim. If you did not receive the correct paperwork, the SSA still denies your claim for inadequate documentation. The SSA has established strict deadlines for submitting documents. If you missed a filing deadline, you can expect the SSA to deny your SSI claim. The SSA has a list of documents you need in your application in the SSA's Blue Book for that condition. 

Not a United States Citizen

Here we have a less obvious reason for having an SSI claim come back denied by the SSA. The rules for establishing citizenship are complex, with eight different categories defining a non-citizen. Any non-citizen that files a claim for SSI benefits will receive a denial letter from the SSA.

Failure to Return a Phone Call

Disability caseworkers from the SSA often follow up on applications to get more information out of applicants. They are not as interested in your income as they are interested in the type of work you have done. You get one phone call from a disability caseworker and if you miss it, you have a limited amount of time to return the call, or else you receive a denied claim letter from the SSA.

If you believe the SSA denied your SSI unjustly, you should speak with a Social Security disability attorney to determine the best course of action.

Can You Be Denied SSI But Approved for SSDI?

You can be denied SSI, but approved for SSDI. The most common reason for being income limits.

A common reason for SSI denials is that applicants exceed the income limits for SSI. SSI is based on income and resources and if you exceed the income limits set for SSI, no matter who severe your disability is, you will be denied SSI.

However, you can still be approved for SSDI. So if you have enough work credits and a severe disability that will keep you from working and you apply for SSI and SSDI, you can be denied SSI but still approved for SSDI because if your disability and your inability to work full time. SSDI is based on your work record and your disability.

There are no income limits for SSDI, so you don’t have to worry about making too much money and not being able to qualify because of that.

The Disability Appeals Process

The first step in the appeals process for a denied disability claim is called reconsideration. As the name implies, reconsideration is an appeal made to the SSA concerning your denied disability claim.

Another team of medical examiners from the federal agency reviews your appeal to determine whether the SSA should overturn its initial decision to deny you financial assistance. The SSA also denies a majority of appeals of denied disability claims, which means you move on to the next step in the process.

Filing an Appeal

While some may feel a great sense of indignity over being denied at the initial stage of a disability application, it is important to remember that such initial-stage denials are actually quite common.

By understanding the reconsideration and appeals procedures that are built into the disability application process, and perhaps with the help of a qualified Social Security Disability attorney or disability advocate, you may still have an excellent chance of receiving disability benefits.

Don't panic if you're denied disbailityAlthough there is no way to be certain whether you will be awarded SSDI or SSI benefits upon appeal, you can drastically increase your chances by understanding the reasons for denial and then properly addressing them in your appeal.

If you have been denied because your medical history is unsubstantial or incomplete, working closely with medical professionals to ensure that you have submitted the appropriate medical documentation and Residual Functional Capacity (RFC) form may have an extremely positive impact on your case.

Hiring a qualified Social Security Disability attorney or advocate to help you fully understand and prepare for your appeal, as well as to ensure all appropriate paperwork is in order, can greatly increase your claim’s chances of success.

In many cases, disability lawyers and advocates will not only have a vast knowledge of the Social Security application process, but may also have specific insights into the specific requirements for approval at your regional Social Security office.

Hearing in Front of an Administrative Law Judge

Up until now, every interaction with the SSA took place via email, snail-mail, and over the phone. The second step of the appeal process puts you in front of an Administrative Law Judge (ALJ).

A few weeks before your ALJ hearing, the SSA sends you a letter confirming the date, time, and location of your hearing. If you fail to appear at the hearing, the ALJ will dismiss your claim.

Working with a Social Security disability attorney can help you prepare for the ALJ hearing. You should know most of the questions the ALJ asks, as well as how to deliver your side of the story in the most convincing way possible.

During the ALJ hearing, the judge will ask you to explain the reasons why you can no longer work. You have to demonstrate why the medical condition that you suffer from limits your ability to complete ordinary job functions. Your lawyer will ask medical experts to testify on your behalf as well.

Denied SSDI, But Approved SSI

There is typically just one way for you to receive approval for Supplemental Security Income (SSI) but denied for a Social Security disability claim.

The SSA requires you to be insured to receive financial assistance for a disability. Your status as insured is calculated by the amount of payroll taxes you have paid.

Look at your payroll taxes as insurance premiums when it comes to qualifying for Social Security Disability Insurance (SSDI). When you stop working, you should have about five years of payroll taxes to back up your insurance claim.

If the SSA approves your disability claim, but your disability happened after the date when you last were insured for SSDI benefits, then you will be denied SSDI, but approved for SSI.

Can the Social Security Administration (SSA) deny you SSDI, but approve you for SSI? The answer is yes because the SSA applies two different standards for becoming eligible for each safety net program.

Your work history plays a significant role in determining whether the SSA approves you for SSDI benefits. The SSA evaluates your work history and reviews your medical records to determine whether you suffer from a disability that qualifies you for financial assistance. You also have to prove you have paid Social Security taxes from your income. On the other hand, you do not have to submit your work history when applying for SSI benefits

The SSA calculates the number of work credits you have earned to determine your eligibility for SSDI. Applicants typically need to accumulate 40 work credits over their careers, with the last 20 work credits coming over the past 10 years. However, younger workers might qualify for SSDI by proving they suffer from a disability listed in the SSA medical guide called the Blue Book.

In 2021, workers gained one work credit for every $1,470 earned in wages or self-employment income.

How to Avoid a Denied Disability Claim Denied SSDI, But Approved SSI

Each claim for disability benefits brings different issues to the table, but there are a few common reasons why claims get denied by the SSA.

Lack of Sufficient Medical Evidence

Welcome to the number one reason why applicants receive denial letters from the SSA. The heart of your disability claim is the medical evidence you submit that verifies your disability.

Results of diagnostic tests can prove the severity of your symptoms, which the SSA needs to see before approving your claim. You also want to submit compelling medical records, such as the prognosis made by your physician for a full recovery.

Failure to Follow a Treatment Program

Results of diagnostic tests often make the difference between denied and approved disability claims. However, your diagnostic tests might present overwhelming evidence of your disability, but failing to follow your doctor’s treatment instructions can lead to a denied disability claim.

Refuse to Cooperate

The SSA might ask you to submit additional information or undergo an assessment called Residual Functional Capacity (RFC). Failure to comply with any request made by the SSA is a sure way to get your disability claim dismissed. Always cooperate with the SSA if the federal agency requests additional information.

You Make Too Much Money

The SSA approves disability benefits for applicants that cannot work. If you continue to work, you risk getting your disability claim denied because you earn too much money.

The SSA establishes a limit for how much a claimant can earn to receive financial assistance for a disability. If you have been denied disability and can’t work, you should file an appeal for reconsideration with the SSA.

Filing a new claim after getting one denied simply leads to the same decision made for the first claim. Work with a Social Security attorney to get the compensation you deserve for your disability.

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