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Top 5 Reasons Disability Claims Are Denied (And Why You Need a Lawyer)

July 21, 2020

If your disability claim was denied, it’s a time to speak to a lawyer. This blog will outline the most common reasons the Social Security Administration denies requests for disability benefits – and why the help of an experienced attorney increases your chance of success moving forward. 

Top 5 Reasons Disability Claims Are Denied 

Insufficient Medical Evidence. Medical records are important in showing officials that your disability has made it impossible for you to perform any job on a full-time basis. If your local Disability Determination Services office does not receive what they consider sufficient medical evidence, your claim is likely to be denied – even if you believe you’re unable to work. Records and evidence can be challenging to get on your own. An attorney will work with your physician and other healthcare workers and providers to ensure the right information is gathered and submitted to officials for review.

Your Income. Income is a factor in determining whether a person is eligible for disability. If you make $1,260 a month or less, ($2,110 or less for blind individuals) you could be eligible for Social Security Disability (SSDI). If you make more than that, though, your claim may be denied. SSDI applicants’ will not be disqualified for having substantial assets, such as high value bank accounts, second homes, or investments. That is different from Supplemental Security Income (SSI) which is designed for low-income individuals who have little to no income and assets. If you’ve been denied disability due to income and/or assets, speak to a lawyer. 

Prior Denials. Studies have shown that more than 60% of disability claims are denied initially, especially without a lawyer’s help. If you’ve been denied and keep applying instead of appealing the denial, you’re probably getting rejected again and again. Once a history of several denials is established, it is difficult to win a claim or an appeal on your own. Your appeal is more likely to be successful with an experienced disability attorney by your side. 

Your Ability to Work. The SSA will look at whether you can perform a job function, even if it’s not the career field you were in at the time you became disabled. If officials believe you could sustain some kind of full-time employment, your claim for disability benefits is likely to be denied. The agency looks at whether you have developed skills that are transferable to another area of work that would lead to your ability to achieve gainful employment. An attorney can advocate for the reasons you are unable to work due to your disability. 

Your Age. The Social Security Administration takes age into account when officials are evaluating benefit claims. Officials believe the older a person is, the more difficult it is for them to transition into a new career. A younger person, however, can learn a new skill, adapt to a new type of work, or seek higher education. Even though younger people do obtain benefits, if you are between the ages of 18 and 49, the larger the chances are that your claim will be denied. Whatever your age, you are more likely to be approved for Social Security disability benefits if you have an experienced lawyer by your side through every step of the process. 

A Disability Attorney Can Help You Win Your Disability Claim

The Social Security Disability attorneys at Watson & Carroll P.C., L.L.O., will advocate for your right to receive disability benefits. Call us today at 402-234-8787. You also can share your story here.

About Watson & Carroll, P.C., L.L.O. 

Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is a workers’ compensation case, a personal injury claim, a medical malpractice case, or advocating for disability benefits, we work to protect our clients and make sure their rights are upheld. Our firm can help. Call 402-234-8787 or email contact@watsoncarroll.com. You also can fill out our confidential form here.

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