There aren’t many people in America who wouldn’t go crazy if they didn’t work at least some of the time. Unfortunately, there are many out there who are prevented from doing so due to disabilities. Sadly, in addition to not being able to do things that most others can do, disabled individuals often don’t have an income due to their inability to work.
Luckily, the government provides Social Security Disability Insurance (SSD) for many of these people. However, as explained on www.disabilitydenials.com, Countless disabled workers are denied benefits each year. When a disabled person is denied these benefits, it’s helpful for them to understand the SSD system.
Who can get Disability Benefits?
Though SSD is meant to help out those with disabilities, there are a few qualifications that a person must meet before being eligible. The first eligibility requirement is that a person must have a disability, either mental or physical, that prevents them from taking part in substantial gainful activity (SGA). This basically means that they’re disabled to the point where they cannot work for a living.
Additionally, the person’s disability must be expected to either result in their death or last for a minimum of 12 months. The claimant also cannot be 65 years old or older. The final requirement is that a person must have earned social security credits, by holding a legitimate job, within the 10 years before they applied for benefits. They must have accumulated 20 credits; four credits are usually earned for every partial or full year worked. There are nuances to some of these rules, so it’s usually good to discuss benefits with an attorney.
Why might a Person be denied?
There are several reasons why a person may be denied disability benefits. Obviously, if they fail to meet any of the aforementioned qualifications, they won’t be eligible for benefits. A 66-year-old man, for instance, would be one year outside of the window where he could have claimed benefits. Additionally, a person may be denied for ignoring their doctor’s orders for treatment. Unfortunately, there are other times when a person may deserve benefits but still be denied.
There are some cases where the Social Security Administration (SSA) may decide that a person’s disability isn’t sufficient to make them eligible for benefits. This sometimes is a good decision. There are cases, for example, where people get caught engaging in recreational activities that make it obvious that they could be engaged in meaningful work. Sadly, there are yet other cases where a person may legitimately not be able to work and still be turned down.
What to do after a Denial
If the SSA denies a claim for benefits, a person has the right to ask for reconsideration. This is done by filling out a “Request for Reconsideration” form and submitting it within 60 days of initial denial. Unfortunately, the SSA can again deny the claim, and without additional evidence, it’s very likely that they will.
After a reconsideration is denied, a denied individual can file a hearing request to have an Administrative Law Judge make a decision on the matter. Sadly, all of these requests for reconsideration and appeals don’t do very much if a person isn’t able to argue their case any better than they initially did. This is why many people opt to hire a disability denial attorney. These legal professionals are usually highly experienced in dealing with denial cases, so they often have a much better shot in achieving a positive outcome for a disabled individual.
A denial of SSD benefits can be detrimental for a person. It’s a sad fact that, even after doing everything right, a person may still be denied these sometimes life-sustaining benefits. In such cases, a person will undoubtedly need legal help. The U.S. Government, when it thinks it’s right, isn’t going to simply change its mind. Luckily, a well-trained lawyer can use the courts to show that the denial decision was wrong in the first place.
Shelby Warden is a legal researcher who posts this information to help those who have been denied disability benefits. By protecting citizens from the unfair denial of benefits, the law firm of Marc Whitehead & Associates at www.disabilitydenials.com has earned the trust and respect of clients all across the country. Their attorneys know what will qualify you for benefits and will help you when your claim has been denied.