The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
Filing For Social Security Disability Benefits: Should You Appeal A Denied Claim Or Not?
Alexis Garcia
Social security disability insurance was first created in 1956 and designed to provide financial support for the needy who are over the age of 65 and to employees who have become disabled and can no longer perform their original duties. Approximately 8.4 million Americans rely on social security disability benefits. The application process is quite lengthy, and you will be responsible for providing information regarding the severity and extent of your disability, and how it has affected your ability to work. If the Social Security Administration denies your claim, you can appeal the decision, but should you? Here's what you need to consider.
What Is the Reason for the Rejection and Is It Still Valid or Has Conditions Changed?
If your claim is denied, the Social Security Administration will provide you with a lengthy explanation regarding the reasons behind why your claim was denied. It is important to sit down with a social security disability attorney, like one at Todd East Attorney at Law, in order to determine whether the reasons are valid and whether they are still true at the time that the appeals were denied. For example, if they have deemed that your disability was not severe enough at that time, consider whether the disability has worsened. The most common reasons for a rejection include:
- You are still able to earn a substantial income with your disability. While you may still be granted social security disability benefits if you take on a lesser role, your claim will be denied if you are able to earn a substantial income even with your disability that will help support and maintain your living conditions.
- Your disability is not considered to be severe enough or long lasting. Your disability is expected to last at least 12 months or expected to result in death. Keep in mind that disabilities do often worsen with time, and if your claim was denied for this reason, you can still file an appeal with medical reports detailing your current condition and physical and mental abilities.
- You refuse to cooperate. To make a decision, the Social Security Administration must have access to your medical files and reports. You are responsible for granting them access.
- You have been convicted of a crime. Depending on whether you were a convict and the severity of the crimes that you were found to be guilty of, you may not be eligible for any benefits. You will have to speak with a social security disability attorney to learn more about precedence in similar cases to determine what your chances are at the appeal.
- You failed to follow the prescribed therapy. You are responsible for following the doctor's prescribed therapies. If you fail to do so and the disability worsens as a result, you may no longer be eligible for social security disability benefits.
Even if the reason for denying the claim was reasonable at the time, it may not necessarily still be applicable in the future. If conditions change, you have every right to file for an appeal so that your case gets reviewed.
Do You Have More Time to Spare?
Just like the application process, the appeal process is extremely lengthy, and will take a lot of time and effort. You will be spending many hours discussing strategy with a social security disability attorney, and will also need to file various paperwork and even show up in court. Depending on the amount that you gain to earn from the benefits, you may or may not be willing to spend a significant amount of time during the appeals process.
Are You Willing to Pay the Backpay to Your Lawyer?
If your social security disability lawyer is helping you appeal your claim, then he or she will be spending a significantly more amount of time and effort in your case. As a result, your lawyers will likely request for more compensation in order to make working the case worth their time. You are responsible for paying a 25% backpay or $6,000, or whichever is less. You should consider how much you stand to gain if you win the appeal, and whether you are willing to pay that much backpay to your lawyer. Consider how much money you'll be left with.
Conclusion
If you have sustained a disability that prevents you from being able to complete your job, then consult with a social security disability attorney in order to get the paperwork and information that you need to file for social security disability benefits. Even if your case has been denied, you still have the right to appeal it and get your case reviewed. It is important to consider the three questions above in order to determine whether filing an appeal will be worth the time and money.
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