Social Security Disability Appeal

SSD Appeal Lawyers in Alabama

Millions of people apply for Social Security Disability Benefits each year. Of those, according to Disability Benefits Help, only about thirty percent are approved on the first application. Of course, this number varies significantly from state to state, but if you are one of those 70 percent denied, it can be devastating. You find yourself disabled, unable to work and make a living, yet you have been turned down for the benefits you desperately need. Don’t give up! There are four levels of appeal in the Social Security Disability process. At Carmichael Law Group, we can assist you with your Social Security Disability appeal, giving you another chance at the benefits you need and deserve.   

Why Might a Social Security Disability Appeal Be Necessary?

There are many reasons your initial Social Security Disability application could be denied; some of those reasons are listed below.

1. Lack of Hard Medical Evidence—Many initial Social Security Disability claims—as well as appeals—are denied because there is no solid medical evidence to back up the claim of disability. It is essential that your medical records clearly show your disability has interfered with your ability to work and perform normal day-to-day activities. As an example, suppose you have been seeing your family doctor for months for severe back pain. If your doctor has documented your visits and treatment plans but has failed to document how your back pain interferes with your ability to work, your SSD claim could be denied. It is a misconception that once you apply for SSD benefits, the agency will send you to a doctor who will document your injuries and your inability to work. While you could be asked to see an SSD physician, the medical records maintained by your primary care physician are crucial to the success of your SSD claim. Remember this when you visit your physician—make a point to always discuss how your disability affects not only your daily life but your ability to work and make a living. If you have doctor’s notes which excuse you from work] or any type of medical record that suggests your disability requires a modified work schedule, make sure these are included in your medical files. It is also crucial that you keep careful records of any missed time from work due to your disability.
2. Prior Denials—Many people believe that once their initial Social Security Disability application has been denied, they should simply wait a few months and submit another application. In many cases, once the SSD person reviewing the new application sees you were denied on a prior occasion, the new application will be automatically denied. It is extremely important that you go through the SSD appeals process before filing another application because your chances of having your case approved are exponentially higher.
3. Failure to Follow Prescribed Treatment—Perhaps your physician has determined that regular physical therapy will improve your disability, yet you have consistently missed your appointments. If this is the case, it is highly likely your application will be denied, since the examiner would be unable to determine whether your condition actually prevents you from being unable to work. If you have a legitimate reason for refusing to follow through with the course of treatment advised by your doctor, let your attorney know, and he or she can bring it up during the appeals process.
4. Failure to Cooperate—You may not feel kindly toward the people handling your Social Security Disability claim, but it is still in your best interest to fully cooperate during the application process. Perhaps the Social Security office has asked you to provide documentation you don’t feel they need, but the fact remains that if you fail to provide the requested documents, your claim will almost certainly be denied. It is important that you remain in close contact with the person handling your case and provide requested documents in a timely manner.
5. Insufficient Work Credits, No Disabling Condition for Twelve Months, or Being Above the Substantial Gainful Activity Level—As of 2019, you were not allowed to make more than $1,220 per month engaging in “substantial, gainful activity.” (work). Further, to be approved for Social Security Disability, you must have had your disabling condition for the past twelve continuous months. You must also have worked at least five of the ten years immediately preceding the onset of the disability, earning at least 20 work credits during that time.
6. Your Disability is Based on Alcoholism or Drug Abuse