My doctor says I am disabled, so why is Social Security denying my disability claim?
For the purposes of awarding benefits, the Social Security Administration (SSA) has its own definition of “disability,” which may differ from your doctor’s definition. Social Security’s criteria is often stricter compared to those of many medical professionals. It’s possible that your doctor hasn’t fully described your condition according to the SSA’s requirements, even though you might qualify under their rules. Sometimes doctors may rush their reports, lack knowledge of the SSA’s specific criteria, or fail to present your case in a way that the claims examiner recognizes as a disability. Additionally, you may have omitted important information, such as the physical and mental demands of your previous job, which could lead the SSA to underestimate the severity of your condition.
What is the difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?
Social Security Disability Insurance (SSDI): This program provides benefits to individuals who have a substantial recent work history and have paid into the Social Security system through payroll deductions
Supplemental Security Income (SSI): Unlike SSDI, SSI does not require a recent work history or contributions to the Social Security system. SSI is designed for people with limited income and resources who cannot work due to health problems. It also provides benefits to children with disabilities.
How Long Does It Take to Obtain Disability Benefits Once a Claim for Benefits is Filed?
A decision on your initial application can take an average of six to eight months, however the time frame fluctuates based on a variety of factors. Generally, it is difficult to predict exactly how long it will take to receive a decision on your case. Due to the lengthy process, it’s best to apply as soon as you realize health problems will keep you from working for at least a year. Additionally, delaying your application can result in missing out on past months of eligibility.
Is There a Way to Get My Social Security Benefits Faster?
While you can’t control the overall speed of the Social Security process, there are ways to advance your case as quickly as possible within the system. If your application is denied, file your appeal as soon as possible to reduce your wait time. To avoid unnecessary delays, ensure that your application is complete, accurate, and includes all the necessary supporting documentation; errors can result in denials and extend your wait through the appeals process.
Additionally, some rare and special circumstances may expedite a case. An experienced Social Security Disability lawyer can help ensure that your application or appeal is properly prepared, maximizing your chances for a quicker resolution.
Why Do I Need an Attorney to Help Me?
Having a lawyer can significantly increase your chances of winning disability benefits. Statistics from the Social Security Administration show that applicants with legal representation are more likely to be approved. An experienced lawyer can navigate the complex application process, ensuring that your case is presented in the strongest possible manner. Additionally, the attorneys at ASK provide personalized attention, getting to know you and your specific circumstances to better advocate for your needs.
How Can I Find Out If My Medical Condition Qualifies for Disability Benefits?
The key factor in qualifying for disability benefits is the severity of your health problems. The Social Security Administration (SSA) uses information from your healthcare providers to determine if your condition meets their definition of severe. Your illnesses or injuries must be expected to last at least a year and prevent you from being able to work. The SSA will also consider whether you could adjust to a different type of work. Every case is unique,complete our See If You Qualify quiz for a free evaluation.
If I’m Approved, How Much Money Will I Receive?
Until you receive a favorable decision, it’s impossible to determine the exact amount of money you will receive. For Social Security Disability Insurance (SSDI) benefits, the amount varies based on your past work and earnings. The maximum benefit payable in 2024 is $3,822 monthly.
How Do I Start a Disability Application?
The first step in applying for disability benefits is to file an application. You have three options for filing
- Do it yourself online:You can complete the application on the Social Security Administration (SSA) website.
- File over the phone:Call the SSA to file your application.
- File with representative assistance: Apply in person or over the phone with the help of a professional representative.
While you can apply on your own without a lawyer, hiring an attorney can reduce the burden of completing a complex application and significantly improve your chances of winning benefits. A professional representative ensures your paperwork is accurate, helps you claim the maximum amount of benefits, and spares you from the frustration of dealing with the SSA on your own. Mistakes or missing documentation can make the difference between getting approved in a few months or appealing for years. ASK has years of experience with the application process and can guide you through without the stress of leaving your own home.
How Much Experience do the Attorneys at ASK Disability have in Social Security Disability?
The attorneys at ASK Disability have over fifty years of combined experience in helping individuals secure disability benefits.
At ASK Disability, we focus exclusively on disability law. This means we are well-versed in the unique legal system, the intricacies of the Social Security Administration, and the administrative law judges that handle disability cases. Our knowledge and focus in this area allow us to expertly navigate the disability claim process on your behalf.
How Much Does It Cost to Hire an Attorney for My Disability Case?
You only pay an attorney if your case is successful.
At ASK Disability,we work on a contingency fee basis. Our attorney fee is 25% of the past-due benefits that Social Security awards you and your family when you win your case.
This 25% fee is a standard rule established by the Social Security Administration. This fee is deducted from your back pay and paid directly to the attorney by the SSA, ensuring transparency and fairness in the payment process.
What Can I do to Improve my Chances of Getting a Social Security Disability Approval?
To improve your chances of winning Social Security Disability Insurance (SSDI) benefits, ensure your application is thorough and accurate, providing detailed medical records and a comprehensive work history. Maintain consistent medical treatment and promptly respond to SSA requests for information. Including a personal statement and third-party accounts can further support your claim. Hiring an experienced SSDI attorney can significantly increase your likelihood of approval, as they can navigate the complex process, gather evidence, and represent you effectively. Familiarize yourself with the SSA’s Blue Book criteria and adhere to all procedural requirements and deadlines to avoid delays or denials.
Am I Eligible for Disability Benefits from Social Security?
To qualify for disability benefits, you must meet both medical and non-medical requirements.
Medical Requirements:Your health condition must be severe enough to prevent full-time employment and is expected to last at least a year.
Non-Medical Requirements:These vary based on the type of claim and include factors such as your work history, income, and assets.
Social Security has thousands of rules governing disability benefits. The team at ASK Disability can help you determine if you qualify.
Contact us for a free consultation to discuss your specific situation
Can I Collect Social Security Disability Insurance (SSDI) Benefits and Work?
If you’re like most people, you would prefer to work rather than rely on disability benefits. Some individuals continue to work part-time while receiving SSDI benefits, but you must stay below a certain income limit to remain eligible. The exact amount you can earn per month changes over time.
The Social Security Administration (SSA) sets a threshold for “substantial gainful activity” (SGA), which you cannot exceed to qualify for benefits. Additionally, Social Security offers a trial work period where you can test returning to work while still receiving benefits.
For personalized guidance, contact ASK Disability for a free consultation about your case.
What Happens if Social Security Denies My Claim for Disability Benefits?
First, don’t give up hope. Most people are denied the first time they apply for Social Security Disability benefits. If your claim is denied or you disagree with any part of the Social Security Administration’s decision, you have the right to appeal. Many claims are won on appeal.
The appeals process generally has four steps:
- Reconsideration: If your initial claim is denied, you can request a reconsideration. This involves a complete review of your claim by someone who did not take part in the first decision.
- Hearing Before an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing with an ALJ who will review your case and hold a hearing.
- Appeals Council Review: If you disagree with the judge’s decision, you can ask Social Security’s Appeals Council to reconsider your case.
- Federal Court: If you disagree with the Appeals Council’s decision, you may appeal to the United States federal court system.
We strongly recommend hiring a lawyer to assist you at every level of the appeal process. ASK Disability can file your appeal and provide the expert representation needed to increase your chances of success.
Does My Age Matter When Trying to Receive Disability Benefits?
Yes, your age can make a significant difference in determining your eligibility for Social Security Disability benefits. A major factor is whether you can adapt to different kinds of work, such as less physically strenuous jobs.
For individuals over age 50, the Social Security Administration (SSA) recognizes that it may be harder to transition to a new type of job. As your age advances beyond 50, the SSA becomes even more lenient in assessing your ability to adapt to new work.
Every case is unique. Contact ASK Disability for a free consultation to discuss your specific situation.
I’m Interested in Working with ASK Disability. What Should I Do Next?
Please complete our qualification form on the website. You can also text or call us to get started. ASK Disability will provide a free consultation on your case.