The attorneys at the Cottrell Law Office are highly committed to educating our clients and the residents of Arkansas, Missouri, and Oklahoma whom we serve. We offer a comprehensive electronic library of special articles that answer some of the most frequently asked questions about personal injury, social security disability, workers’ compensation, and other legal issues. We also update our blog regularly in order to provide updates on the ever-changing laws in this field. Finally, our resource pages are always a valuable source of information on the local courts. Essentially, it is our desire that you stay informed. Here, you will learn about some of the top reasons why disability claims are denied.
Disability Claims are Not Always Approved
Social Security Disability benefits are provided to those individuals who are unable to work due to a disability. Being eligible for Social Security Disability Income, often referred to as SSDI, requires proof of a qualifying disability. The federal statutes define exactly what the term “disability” means. But even if you can prove your medical condition is covered, your claim still may not be accepted by the Social Security Administration. If your disability claim is denied, your next step is to appeal. If you want to avoid that, here are some things to look out for.
Presenting Your Disability Claim Before You Have Sufficient Proof
Many clients see their disability claims denied initially because they tried to submit their claim before they have sufficient proof to support it. If you submit your claim prematurely, then you have less of a chance of success. When you are trying to establish total disability, for example, you must be able to prove that you are unable to find any form of gainful employment for at least a year. If you submit a claim for total disability after a few months of being employed, you have reduced your chances of being approved. If you are still recovering from surgery it may be difficult to determine whether you will be out of work for a year or more so presenting your claim too early will likely result in the claim being denied.
Not Receiving Required Medical Treatment for Your Condition
In order to have any chance of having your disability claim approved you must be able to establish sufficient medical treatment for your claimed condition. If you have received too little treatment you will not be able to successfully prove your claim. You cannot establish that your condition is serious enough for you to be able to work if you are receiving hardly any treatment for that condition. Ultimately, you must be able to show that your health care provider is doing all they can to help you improve. Otherwise, there is no evidence to support your inability to continue to work.
Not Providing Sufficient and Appropriate Evidence of Your Condition
If you fail to provide a complete treatment history for your condition or to identify any specialist you may have been referred to by your treating physician, you may not be able to properly support your disability claim. If you were also referred to physical therapy or some other type of rehabilitation, you must remember to also include those treatment records, as well. If you do not provide all of this information the Social Security Administration will not be able to accurately make a determination. Although your state agency will review the necessary medical records, if they are not aware of all of the types of treatment you received their evidence will be incomplete. If that happens, it is more likely that your disability claim will be denied.
There is No Automatic Entitlement to Social Security Disability Benefits
Some clients believe the simple fact that they are no longer able to perform their past job duties automatically entitles them to the approval of their disability claim. First, there is no automatic entitlement without supporting evidence of eligibility. The Social Security Administration reviews the evidence you present to see whether you are still capable of returning to some type of employment that is suitable based on their age, education, and experience. So, just because you cannot perform your old job any longer doesn’t mean you can’t perform any job.
There is an exception for individuals over the age of 50 who have worked a labor-intensive job throughout their lifetime but can no longer perform those types of jobs because of physical limitations caused by a long-term medical condition. It must be shown that those individuals have no transferrable skills that would permit them to work a less physical position.
If you have questions regarding the denial of disability claims or any other Social Security Disability matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us toll-free at (888) 616-6356.