Archives for May 2021

The Five Top Reasons You May Be Denied Disability Benefits in Houston

Applying for disability benefits is a long-term and complicated process. Even if you believe you’ve done everything correctly, you may still be denied disability benefits.

The truth is, out of the millions of applications submitted to the Social Security Administration, a full 70% of applicants see their initial application for disability benefits denied. But in order to increase your chances of being in the 30% that are approved, it’s important to understand why the other 70% are denied.

The Five Top Reasons You May Be Denied Disability Benefits in Houston

Incomplete Medical Evidence

It’s one of the most important parts of your application, and yet many people don’t submit enough. You’ll need to show substantial medical evidence from your doctor, hospital, or another healthcare provider that demonstrates your inability to work, and how your condition prevents you from working.

The medical evidence from your primary treating physician provides the full story on your condition. During your visits, it’s important to discuss your inability to work with your doctor so that it can be documented in your records. Even if you are sent to a medical exam by Social Security, chances are one exam will not be enough to demonstrate disability.

Additional documents such as documented missed work time and doctor’s notes excusing you from certain types of work are also useful to submit with medical records.

Not Following Medical Advice Or A Treatment Plan

Even if you are seeing a doctor for your condition, you must show that you are consistently following a treatment plan. Without it, the evidence of your condition is inconsistent and doesn’t show if your condition is improving or worsening. It also may indicate that you are unwilling to cooperate with treatment. If there is a legitimate reason why you are unable to continue treatment, you can mention it in a hearing. In this case, you should discuss your case with a disability benefits attorney beforehand, and have them represent you in the hearing.

Earning Too Much Income

Some applicants may still be working and are earning more money than the limit for substantial gainful activity (SGA). In other words, someone who earns more than $940 a month is making more than disability pays. Social Security only approves applications for benefits to people who are unable to work. In this case, you’ll be denied disability benefits whatever the severity of your condition.

Not Cooperating With SSA

The Social Security Administration may contact you to ask questions or to request additional documentation. If you don’t supply all the requested information, don’t attend a scheduled medical exam, or attend a meeting with the SSA, your application will be denied.

You can prepare ahead of time with a full listing of what you’ll need to apply from the SSA’s website.

Filing A New Claim After Denial

Many people will simply re-file their application after they receive a disability benefits denial letter, only to be denied again. Without understanding why the original claim was denied, the new claim is also denied.

Don’t re-file your application. Your denial letter will indicate your right to appeal, and how to file one. You may benefit from a consultation with a disability benefits attorney who can advise you on the appeals process.

The Next Step—Appeal

If you’ve received a denial letter, don’t give up. You have the right to appeal, so use it.

There may be other reasons for denial as well. It’s important to file your appeal as soon as you can, following the instructions given by SSA.

Because the process can take a significant amount of time, you don’t want to have your claim denied on appeal. Instead of leaving your appeal to chance, working with a disability benefits law attorney can increase your chances of approval on appeal. The important thing is not to give up and get help this time.

Call Us For Help With Your Disability Appeal

We’re experienced in handling all types of disability claims and have helped more than 4,000 Houstonians get the disability benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Do Disability Benefits Change If My Medical Condition Changes in Houston?

Applying for disability is a complex, long-term process with a considerable amount of documentation required. You’ll need to not only prove your disability but your work history and earnings that qualify you. Even after you’ve submitted everything requested, you may still find yourself denied benefits, requiring an appeal.

Once you’ve begun receiving benefits, you will still have to support your diagnosis during periodic reviews of your case. But if your condition changes, what’s next?

Do Disability Benefits Change If My Medical Condition Changes in Houston?

How It Works

SSDI is not awarded based on the degree of your disability, but your earnings history.

As a rule, you get awarded disability if you have a medical condition that is expected to prevent you from working for more than a year, or ends in death. Social Security Disability Insurance (SSDI) considers you fully disabled at the time you’re awarded benefits.

Therefore, if your condition worsens, you’re already at your maximum benefit amount, and the amount won’t change.

Regular Reviews

All SSDI recipients have periodic case reviews to determine if they still have a true disability. Depending on the circumstances, reviews can happen from every six months to every seven years. This will largely depend on the seriousness and type of your condition and if any improvement can be anticipated.

SSA will mail you a letter in advance of your upcoming medical review. You’ll be asked for patient and treatment records from doctors, clinics, and hospitals where you’ve received treatment since your last review, or since you were awarded benefits. If you’ve also been working, you’ll need to provide information on that such as dates, payments received, and the type of work you were doing.

The only way you might receive an increase is with a yearly cost-of-living adjustment (COLA) to take into account inflation.

Social Security also regularly conducts audits of accounts. Any previously uncounted earnings may require your monthly benefits to be recalculated. If any disparity is found, you’ll be notified of the recalculations and the increase in your monthly payments.

If Your Condition Improves

This will depend on what condition you are claiming disability with. Some may improve with time, such as certain types of cancers with treatment, while others may not.

Should your condition stay the same, or become worse, you will most likely continue receiving benefits. This is true even if you receive a separate, additional diagnosis for another condition.

However, if your condition significantly improves to the point where you can return to working and earning a living on your own, it’s highly likely that your cash benefits will come to an end.

You can earn some money while on disability. In 2021, that limit is $940 monthly before benefits are reduced. Additionally, you can also participate in a trial work program for up to nine months to see if you are ready to return to work. The nine months do not have to be consecutive.

The Social Security Administration has a booklet available online that explains some of the basics of SSDI.

Your Houston LTD Disability Attorney

Most attorneys aren’t familiar with the intricacies of disability filings, but we are. With over 4,000 successful cases, we focus on helping disabled people receive the benefits they need. We’ve handled multiple situations that are similar to yours. We have the experience to help you through the process for a successful outcome.  The Herren Law Firm can help you with your application, any necessary appeals and help you get the disability benefits you need so you can live your life. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

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