When SSD Benefits Are Denied
If you are disabled and have applied for Social Security disability benefits, it can be extremely disheartening to receive a denial of your benefits. Not only may you find yourself struggling to make ends meet while being unable to work, but you may also be uncertain of whether you will ever receive the benefits you are counting on. There are a number of reasons your Social Security Disability application may have been denied. Below are the most common reasons:
- You are not in regular communication with SSA. If SSA is unable to contact you, your application may be denied. There are instances where an SSA employee may need to discuss your application with you; if you are not available or you fail to update your contact information, your benefits will almost certainly be denied. If you have an attorney working on your behalf, this is much less important.
- You don’t meet the income guidelines according to SSA’s definition of “substantial gainful activity.” As of 2020, the amount allowed under these guidelines is $1,220 per month. Since SSA approves those whose disability renders them unable to work, your application is likely to be denied if you are earning more than the allowed amount. You can work some, but be careful not to exceed the $1,220 per month.
- You have failed to show sufficient medical evidence of your disability. When you submit your initial application for SSD benefits, it is important that you submit all your medical records and that these medical records clearly show your disability prevents you from working. It is equally important that your physician notes in your records that your disability is preventing you from working. SSA is looking for evidence from your doctors that discuss your disability and pain. Efforts on your part to help your injury by trying different medications and treatments evidence that, despite your best efforts, you are simply not able to work.
- You filed a new application following your denial rather than following the process of reconsideration, Administrative Law Judge appeal, and the two appeals following. Once the SSA realizes you have already applied, they will immediately deny your new application, so follow the process carefully.
- You denied access to your medical records to SSA. If you do not allow SSA to look at all your medical records, your application will likely be denied. SSA may require you to see one of their own doctors (known as a consultative examination, or CE). The government will pay for this visit, and you may be required to go to more than one CE. Be aware that if you refuse to go to the consultative examination, your benefits will likely be denied.
- You have failed to follow your doctor’s orders and suggested treatments. If your doctor suggests that you do certain things in order to get better, and you fail to follow his or her instructions, then you are likely to have your application denied. There are only a few reasons that could be considered for disregarding your doctor’s orders, including a lack of money for necessary treatments, certain religious views that prohibit recommended medical treatments, severe mental illness, a second medical opinion that is in opposition to the recommended treatment, or an extreme fear of surgery (with confirmation).
Contact Carmichael Law Group
If you want to decrease the chances of your Social Security Disability benefits being denied, contact Carmichael Law Group today!