There are a lot of reasons a Social Security Disability Insurance (SSDI) claim can get rejected for, but mostly it can be a very basic mistake. Since these benefits can mean the difference between remaining self-sufficient or going into a financial crisis, it can make a lot of sense to have legal representation from the very beginning. Hundreds of thousands of people apply for SSDI every month, and about two-thirds of those applications get denied.
Today, there are currently 8.9 million disabled workers and 1.8 million dependents, according to the Social Security Administration (SSA). Many people don’t realize there are benefits available that could help them remain contributing members of society. If you have worked and paid into the system for several years, then you may be entitled to benefits owed to you under the law, if you can no longer work.
Common Problems People Make When Filing a Disability Claim
Here are some of the main reasons people’s initial SSDI claim requests get denied, which forces them to appeal:
- Filing for Disability & Unemployment Simultaneously – If you are currently receiving unemployment benefits and file for disability, then you are going to raise a red flag. Basically, you are telling the government that you cannot perform your job (for whatever reason physical or mental disability), and that you need money to compensate for your disability. Whereas, if you file for unemployment benefits at the same time, you are saying you are healthy, able and willing to find work. You can’t have it both ways, unfortunately.
- Working & Filing for Disability – You must be making a very marginal amount money to be able to qualify and apply for SSD payments. The Social Security Administration (SSA) has ruled that anyone making more than $1,170 per month in 2017 cannot apply for SSD benefits. For blind people, the disability cut off is $1,950.
- Missing the Disability Appeals Deadline – If you have applied for a disability claim, then you should have a schedule SSD appeals hearing scheduled. You do not want to miss that meeting. You’ll want to be prepared and a have a legal advocate to help you fight for your rights. There are rare cases where the court will accept a new request for a missed meeting, like if you are bedridden or in the hospital, but most likely in all other cases the court will just dismiss your appeal.
- Not Checking the Status of Your SSDI claim – The biggest reason to regularly check your SSDI claim is to make sure it hasn’t fallen through the crack. It appears that losing claim forms is an actual thing that happens at the SSA. Sometimes administrators for one reason or another also neglect to inform someone their claim has been denied. If your claim has been lost or misplaced, you won’t be notified. This could literally cause months of delays in processing a claim, so you’ll have to refile a claim even if it is the SSA’s fault.
- Failure See or Follow Doctor’s Orders – If you have filed for disability, there’s a very good chance you are in ill health. You’ll want to put your best foot forward in front of an administration judge too, so that you can get the full extent of the benefits you hope to receive. That means seeing a doctor for your disability. And, if you are on doctor’s order or given a prescription medication, it is best you stay on them per your doctor’s orders.
- Being Truthful About Mental Disorders – If you are physically ill, chances are that you are also depressed or suffer anxiety. Even if your mental suffering isn’t cause enough to file a claim for a disability, it is a significant factor weighed by the SSA when they make their determination.
How to Request a Social Security Disability Hearing
If you have received a denial letter for a SSDI claim, then you have the right to request a Social Security Disability appeal hearing. Here are the three ways you can apply to request that hearing in front of a judge:
- Online Appeal – You can request an online hearing, if you meet the following requirements:
- You’ve applied for disability benefits.
- You’ve received a Notice of Decision denying you benefits.
- You disagree with the disability decision and want to seek an appeal.
- Mailing in the Appeal – You can also mail in the form (Form HA-501) needed to get a hearing date requested. This form has a few things that will help you get your appeal process kicked off.
- The form has an area in which you can state why you disagree with the determination.
- The form also lets you acknowledge that you’ll be sending in more support information.
- The form also lets you notify your intent to appear in person at the hearing.
- Writing a Letter to Social Security – If someone isn’t clear on the process or what form they should use to file for an appeal, they can just write the SSA a letter and they’ll provide the assistance you need to set up an appropriate appeals hearing.
Contact a Portland Social Security Disability Insurance Attorney at the Law Firm of Richard A. Sly
Have you become too ill or an existing injury is preventing you from working a normal job anymore, then you need an advocate who will be on your side and help you deal with the Social Security Administration. You’ll be giving yourself the best chance of obtaining the benefits you need and deserve by hiring an experienced Portland Social Security Disability Insurance Attorney with the Law Firm of Richard A. Sly.
Since 1963, Portland Social Security Disability Insurance Attorney Richard A. Sly has been assisting his clients obtain the maximum possible disability and SSI benefits allowable by the law. Sly begins by building the strongest possible case for his clients, so that they have the best shot possible at securing the maximum benefits the first time they the claim is submitted. Sly is also exceptional when it comes to handling denied claims and going through the appeals appeals process.
For a free, initial consultation on your case, call (503) 406-1471 or email us using the form on the upper right side of this page. We are conveniently located in downtown Portland near public transportation, and serve clients throughout the entire states of Washington and Oregon.