For people who are no longer able to work due to a disability, receiving Social Security disability benefits can be a blessing. However, often an applicant’s actions may be the deciding factor between an application being accepted or denied. Following are some preventable reasons why a disability claim might be denied.
The Social Security Administration (SSA) cannot find you
The SSA cannot grant benefits to an applicant it cannot find. It is imperative that a representative from the SSA be able to get into contact with an applicant at every stage of the application process. It is incumbent on the applicant to inform the SSA of any change of address or phone number. If an applicant moves frequently, naming a representative, such as an attorney, can help alleviate the need for frequent phone calls to the SSA to update a status.
The applicant refuses to cooperate with the SSA
Refusing to cooperate with the SSA can be something as simple as not submitting paperwork that is requested. If you are applying for disability benefits, be sure to submit all of the information you are asked to provide, including medical records. If you submit records that are incomplete or inadequate, your application may be denied.
The applicant fails to follow prescribed therapy
Any treatment a doctor prescribes needs to be followed precisely. If the SSA becomes aware that any prescribed treatments, including taking medications and physical therapy, are not followed, the result can be a denied application. However, the SSA does allow legitimate excuses for not following any prescribed treatments including:
– Severe mental illness that prevents therapy
– Intense fear of surgery (must be confirmed by a doctor)
– Physical inability to perform therapy without additional assistance
– Lack of ability to pay for treatments
– Religious beliefs prohibit therapy
– Disagreement on prescribed therapy between prescribing doctor and applicant’s physician
The disability claim is based on alcohol or drug addition
The SSA will deny an application if drug or alcohol abuse is contributing to the disability. A major factor the SSA looks at in these instances is the level of disability the applicant would have if he or she stopped using drugs or alcohol.
The applicant has been convicted of a crime
There are specific parameters in place for applicants who have been convicted of a felony, were injured while committing a crime, or were injured while serving time in prison. Applicants who fall into this category should consult with a lawyer to determine their specific rights to disability benefits
The applicant has committed fraud
If the SSA determines that an applicant has received benefits through fraudulent means, disability benefits will be terminated, and the SSA will likely prosecute the offender.
Anyone who needs Social Security disability benefits but fits into one of these categories still has hope. Even if your application has already been denied, you can still appeal the ruling. However, it is best to have a qualified legal representative on your side. If you need help filing for Social Security benefits or determining your eligibility, contact a qualified SSI attorney in Washington DC who can help you through the process and get you the benefits you need.
