Can I Be Denied Social Security Disability?

can I be denied social security?


Yes, you can be. 

About 65% to 70% of all first-time applicants are refused Social Security disability benefits. There are several reasons why someone is denied Social Security Disability benefits, and knowing these reasons can help prevent mistakes that would lead to an appeal process. 

The sad fact concerning social security is that it is a very complicated structure with several intricate procedures. Many applicants have spent hours and hours struggling to find out the best way to work with the social security system in order to get the benefits to which they are entitled, and many of these people have given up due to the sheer amount of effort and confusion. 

A skilled and experienced Monroe social security disability attorney will be able to assist you with the application or appeals process. When an appeals process progresses, the more complicated the arguments and weight of evidence get. And because judges often deal in legal terms, having a Monroe disability lawyer present your supporting documents from a legal standpoint is extremely helpful.

Make sure you get help from the skilled and experienced disability attorneys of Orum Young Law if you need to file social security benefits. Don’t take matters into your own hands!

What Are The Potential Reasons for Denial of Social Security Disability Claims?

Every day, people are denied disability benefits. But do they actually understand why they were turned down?

Some claimants are confident they will win their case just because they have a medical diagnosis and feel they are no longer able to work, with  little consideration given to the necessary factors for the approval of the application.

It is time to reveal the top reasons why claimants can be refused disability benefits.

You are ineligible for Social Security disability if you earn too much money or own too much money.

The first challenge to overcome in order to be eligible for Social Security disability insurance (SSDI) is the income requirement. A claimant who earns more than a specific monthly income is usually deemed to be engaged in substantial gainful activity (SGA). If you, therefore, earn above this specific amount, you will not be eligible for the program.

The monthly income requirement amount increases in accordance with the national average wage index. For nonblind persons in 2022, the SGA amount is $1,350. So, if you earn more than $1,350 each month, you will most likely be ineligible for SSDI.

Your disability is not expected to last a year or is not severe enough.

To be eligible for SSDI or SSI benefits, the Social Security Administration (SSA) must be convinced that your disability is severe enough to last at least a year or end in death. The sole exemption to this time limit is for applicants for SSI who are blind.

Numerous claims, such as those involving bone fractures caused by acute trauma (vehicle or motorcycle accidents, for example) are rejected because they are unlikely to result in disability for one year. The majority of bone fractures heal in less than one year. If, on the other hand, you have significant bone fractures that have not healed after six months, the SSA is likely to believe your condition will continue for at least a year. Each case will be evaluated on its own merits.

Furthermore, your medical condition must cause substantial limitations in order for you to qualify for SSDI or SSI. The majority of claims are dismissed because the applicant’s disability was not severe enough.

The Social Security Administration is unable to reach you.

When you apply for disability benefits, the Social Security Administration (SSA) and Disability Determination Services (DDS), the agency that determines your medical eligibility for benefits, will need to get in touch with you to discuss your application. They will be sending you a lot of paperwork pertaining to your medical condition and job history. SSA may also want to arrange a consultation examination or chat with you about your treatment providers. If the SSA is unable to contact you, your claim will most likely be denied. If you move or change your phone number during the application process, notify your representative (such as an attorney) or someone at the Social Security Administration.

You refuse to cooperate with SSA

Your medical records are critical in determining whether or not you are disabled. If you refuse to provide the SSA with these records, your claim will most likely be rejected. Similarly, the Social Security Administration (SSA) may need extra information concerning your disabilities, either because your treating doctor’s medical reports are lacking or because you do not have a regular treating doctor. In these cases, the SSA will require that you be examined by an SSA doctor during a consultative examination (CE), which is paid for by the government. The SSA may compel you to attend more than one CE course in specific instances. You may be denied disability due to insufficient medical information or neglect to attend the CE if you decline to appear or request that the SSA make a determination based on the medical records currently in your file.

If you are unable to attend a planned CE due to time or location constraints, speak with your claim examiner so that the DDS may organize a CE at a time or location that is convenient for you. If you frequently fail to attend a CE, your claim will very certainly be refused.

Failure to follow your treating physician’s recommendations

You may be denied benefits if you are being treated by a doctor and you choose not to follow their recommendations. For SSA to reject your claim for your failure to follow your doctor’s recommendations, the recommendation must plainly be expected to return you to a state that will enable you to do substantial gainful work activity. Although it may not seem fair, your unwillingness to follow your doctor’s recommendations may be seen as a refusal to make efforts to improve your health, and this may be used against you. However, if you are unable to follow medical advice owing to financial restrictions, the SSA can make some exceptions. Religious beliefs, a psychological handicap that keeps you from comprehending, or an overwhelming dread of surgery are some of the other causes. The ideal approach is to trust your doctor and follow his or her medical advice.

Medical Reasons That Are Excused

Failure to follow through on recommended therapy may be excused owing to circumstances beyond your control. Here are a few examples:

  • You have a serious mental disease that prevents you from complying with the prescribed treatment plan.
  • You are so afraid of surgery that it is not an option for you. The intensity of your phobia must be confirmed by your treating doctor to the DDS consulting doctor.
  • You are physically unable to follow recommended treatment without help, for example, due to arm paralysis or diabetic cataracts.

Nonmedical Reasons That Are Excused

It is conceivable that you are unable to adhere to prescribed treatment for reasons unrelated to your medical condition. Acceptable nonmedical reasons for failing to adhere to prescribed treatment are provided below.

  • You do not have the financial means to pay for treatment.
  • You are unable to get medical treatment due to your religious convictions.
  • Your doctor recommends a treatment that another doctor does not agree with.

Furthermore, in order for the SSA to reject your claim for failing to follow treatment, the treatment you fail to follow must be one that is obviously anticipated to restore your capacity to engage in substantial gainful activity. If your treating doctor notifies the SSA that the prescribed treatment is unlikely to result in your ability to work, the SSA will not hold it against you if you do not follow it.

You did not work long enough or recently enough to be eligible for Social Security Disability.

Only when you apply for Social Security Disability Insurance (SSDI) benefits does it matter how much and how recently you worked. According to the law, you may only get SSDI benefits if you contributed sufficient money into the system while working and if any of that work was done late. The Social Security Administration converts this into work credits to determine whether you are eligible for SSDI benefits. 

Consider the following two questions:

  1. Do I have a total of 10 years of employment under my belt?
  2. Have I worked in the 5 years leading up to my disability?

If you answered no to any of these questions, you may not be eligible for SSDI payments because you lack sufficient work credits.

If You Are Denied Social Security Disability, There Is Still Hope!

While many may experience tremendous distress at being refused at the initial stage of a disability claim, it is extremely important to understand that such initial-stage rejections are actually quite common. You may still have a good chance of receiving disability benefits if you understand the reconsideration and appeals processes built into the disability application process. With the help of an experienced Social Security Disability attorney, you can still have a great chance of receiving disability benefits.

Although there is no way to guarantee that you will be given SSDI or SSI benefits if you file an appeal, you may greatly improve your chances by knowing the grounds for rejection and then appropriately addressing them in your appeal. 

Hiring an experienced Social Security Disability attorney to help you in thoroughly understanding and preparing for your appeal, as well as ensuring all necessary documentation is in place, can considerably increase the odds of your claim’s success. In many cases, disability attorneys will not only have a thorough understanding of the Social Security application process, but will also have unique insights into the requirements for approval.

Increase Your Chances Of Getting Approved!

Hiring a lawyer increases your chances of receiving disability pay. This is true whether you’re applying for the first time, the second time, or appealing a claim that has been denied.

Come and meet Orum Young Law’s social security disability lawyer today to discuss your case. We will be happy to provide you with free consultations. Contact us now to set up an appointment.