Getting approved for Social Security Disability (SSDI) is a long and difficult process. The application process is confusing and complex, and the risk is high that you’ll do something incorrectly. If you’re in the middle of trying to get SSDI, expect to get at least one denial.
You may be told that Social Security denies everyone’s application for Social Security Disability, but that’s not entirely true. However, over two-thirds of applicants see their initial application denied. Frequently, these denials are for avoidable reasons. What’s the difference?
Main Reasons For Denial
During the application process, it’s important to show that you are disabled, unable to work, and need help. You must demonstrate that you are unable to work, or complete any “substantial gainful activity.” Your condition must also last longer than 12 months or end in death. The reasoning is that a shorter period for something non-fatal like a broken leg isn’t a “disability.”
There are three main reasons that Social Security will deny your disability claim:
- Insufficient work credits or other technical details (i.e., an incorrectly completed application)
- Medical reasons, such as insufficient medical evidence or your condition is not considered “disabling” or that your condition won’t last longer than 12 months or end in death
- Non-medical reasons, such as making too much money
If you are denied, do not give up. You do have options.
Fighting For Your Benefits
“Fighting” may be a strong word to use, especially if you can’t work for whatever reason. But if you’re disabled and can’t work, it’s important to show Social Security that you are disabled.
Don’t fall into the mindset that all you need is medical evidence to prove your disability in order to get benefits. There’s more to it than that.
The first thing a claims examiner needs to see is sufficient evidence that supports your doctor’s statements and assessment of your disability as well as the statement that you are disabled. Without it, there is no proof that you’re truly disabled.
Because claims examiners see so many applications every day, it’s important to have a claim that correctly and truthfully shows your diagnosis, prognosis, as well as your functional limitations. This is a list of the things that you are unable to do because of your disability and diagnosis. Without it, an examiner will believe that you have no functional limitations, and are capable of working.
In addition to proper medical evidence, you’ll also need to keep abreast of deadlines, ensure that any requested documentation is included with your application and that your application is even received. You should also call and check the status of your claim so that it isn’t ignored.
When sending anything to Social Security, consider sending it “certified” along with the “return receipt requested.” It costs extra and is a bit more trouble. But you can not only prove that you sent it, but that someone at Social Security received it.
When Should You Apply?
Submit your application as soon as you become disabled. There is no waiting period. The longer you wait, the more money you could lose, since Social Security will only pay you up to one year prior to your application. You can apply the day you become or declared disabled. Therefore, if you are disabled, apply immediately.
Initial applications can take three months or longer for a decision, but appeals may take months (or even years) due to the backlog of cases.
It also means that the other one-third of applications are approved on the first try and don’t need anything else.
Hiring An Attorney
One way to increase your chances of getting approved either with your initial application or on appeal is to work with an experienced disability attorney who understands how to file an application and navigate Social Security’s process.
A disability attorney can help with your initial application, gather medical records, verify your eligibility through work credits, assist with an appeal, and ensure that everything is done correctly in either case.
Because disability attorneys work on a contingency fee basis, you won’t owe a fee until your case is won. Additionally, the fee comes from your “back pay,” and is limited to 25% of your back pay or a maximum of $6,000. Social Security will also pay your attorney directly if you have “back pay” benefits.
While an attorney can’t guarantee success, having one greatly increases your chances of success either on your initial application or with the appeal.
Houston’s Social Security Attorney
Whether you’re applying for social security disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.
We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.
