What If My Disability Claim Was Denied?
Not everyone realizes how common it is for disability claims to be denied. You do not have to let this stop you from pursuing disability benefits. There are several levels of appeal you can go through to change the initial rejection of benefits. Working with a dedicated Wilmington disability attorney can increase your chances of receiving the disability benefits you need. Do not hesitate to reach out for assistance.
TOP REASONS FOR DISABILITY CLAIM REJECTION
Disability claims can be rejected for minor reasons, many of which can be easily corrected. Other reasons may not be fixable, depending on the circumstances. Some of the most common reasons for disability claim rejection include:
- A lack of medical evidence
- Not meeting the basic eligibility requirements
- Missing certain documents
- Refusal to cooperate with treatments or the Social Security Administration (SSA)
- The disability is not severe enough
Medical evidence is everything when it comes to disability claims but so is meeting the eligibility criteria. Before filing your claim, make sure you meet the requirements. The basic requirements include:
- A disability expected to last 12 months or lead to an early death
- Symptoms severe enough to prevent you from working
- Lack of income and financial assets to support basic needs
Many claims are denied either because the person does not need financial aid, or the disability is minor. The SSA does not give benefits to people with partial or short-term disabilities. A disability must be prolonged and must prevent a person from working enough to earn a basic income.
Other reasons claims are denied include not being a citizen of the United States and not returning phone calls to the SSA. Some of these reasons might be resolved by correcting a document error or providing additional documents. Consider contacting a Wilmington disability lawyer to figure out why your claim was denied.
HOW TO FILE AN APPEAL
Options are available if your disability claim was denied. There is an extensive disability claim appeal process that gives people multiple second chances. First is a reconsideration of your disability claim. This grants people the opportunity to correct errors in the initial application and submit additional evidence.
When this fails, a person can request a hearing by an administrative law judge. At these hearings, people are given the opportunity to argue their case and defend why they need benefits. Working with an experienced lawyer for this phase is highly recommended.
If this fails, the person can try a review by the appeals council, something that could land a person back to the administrative law judge. However, if this fails too, the last option is a federal court review. The main downside is how long federal court reviews can take.
DISABILITY ATTORNEY IN DELAWARE
Finding out your disability claim was rejected can be discouraging. Feel free to discuss this with a Delaware disability lawyer to figure out what happened. All you have to do is call Edelstein Martin & Nelson today at (302) 295-5050 for a free consultation about your disability claim. Our team of attorneys can help you file an appeal.
