Living with a disability is not easy. However, it often happens that people with disabilities are denied some rights that should belong to them. Here, we don’t think only about the discrimination – but also the procedural difficulties that these persons sometimes face. It is estimated that almost a third of all disability claims are denied at the outset of the benefit entitlement process. Why is this so and what are the signs that your disability claim may not be approved?
Life With Disability
Life brings us a lot of challenges that we face every day. The situation becomes even more difficult when, in addition to all the challenges, you have to face health problems. We must admit, it is not easy at all. Numerous health situations have made many people unable to do their jobs as they once were – or prevented from working at all. Then, they face the hard phase of life. It is not easy to make up with the fact that you have become a person with a disability – and it is even more difficult if you realize that you have been denied some rights in this regard. Namely, a large number of disability claims that were forwarded to the social security department are rejected. Then, people find themselves in a situation where, despite their health problem, they are forced to work – and life becomes too difficult. What to do then?
Certainly, you will not be able to fight further successfully without the help of a disability lawyer. However, not to be confused – very often these are some procedural or other omissions that can still be resolved with the help of a lawyer. We’ll tell you more about that.
Why Can Disability Claim Be Denied?
Anyone facing the consequences of illness or disability applies for disability benefits if they have social security. That is part of the usual procedure. However, although you think you should be entitled to this type of compensation, it happens that many disability claims are denied. Why is this so and what are the most common reasons why an SSD rejects so many users? The reasons for the denial may be different, but many of them have the same or similar shortcomings. Therefore, pay attention to the 5 signs that indicate that your disability claim can be denied.
1. Incomplete or inaccurate medical records
The most common reason why disability claims are rejected – is related to incomplete or insufficiently accurate medical records. Namely, this is the key proof that you got disabled due to the illness or injury you have suffered – and you are no longer able to work. Medical documentation is very important because it qualifies the severity of the illness or injury you have suffered. Even if the SSD sends you to a medical exam to determine the extent of your illness or injury, this is not a guarantee that you won’t be rejected. That is why your previous medical documentation obtained from your doctor is crucial. According to www.disabilitylawyertoronto.ca, there is also an assessment of the elements of conscientious treatment and taking therapy. In short, medical records serve your interests, and it is, therefore, essential that they are not only carefully managed, but that they are also carefully preserved and handed together with your disability claim.
2. You have a large income
The way the SSD considers your situation is primarily related to social security payments. Namely, for workers who have paid social security for years, this is not a favorable situation because social security is considered a significant income. Especially if you continue to work after your illness or disability – your chances are almost none. Still, people who apply for SSD benefits can work part-time, but if their income exceeds $ 940, there is a high probability that their disability claim will be denied.
3. The degree of your disability
When you want to qualify for a disability claim, you must know that SSDI or SSI will only grant benefits to those they consider to be of a longer or permanent nature. The Social Security Administration must have evidence that the damage you have suffered is such that you have to undergo treatment for at least a year because of it, or it may even be fatal. Disability claims based on injuries such as bone fractures or other acute traumatic injuries that heal in less than 12 months are largely denied. However, it should be borne in mind that there are also those traumatic injuries or fractures that do not heal for more than 6 months. In these cases, it happens that the SSA evaluates patients on an individual level – and it happens that they estimate that the treatment of such an injury will take longer. Then the disability claim may be approved. Precisely because of these doubts, it is important to have a good disability lawyer who will respond in a timely and proper manner on your behalf.
4. Disability caused by drug addiction or alcoholism
There is not much thinking in these situations. Namely, SSA will smoothly reject you if your inability to work is caused by alcohol or drug abuse. However, keep in mind that your medical advisor as well as your disability lawyer should respond in case you have stopped using alcohol or drugs. Then you need to check if the SSA will still consider you an unsuitable candidate.
5. Disability as a consequence of a crime
In these cases, you can also expect your disability claim to be denied. This is especially true when you are serving a prison sentence for a crime committed – unless you are on parole where you have not broken the rules and your probation is about to expire. You will also be rejected if your disability occurred while committing a crime, or you were wounded in prison.
The Bottom Line
We hope that things are a little clearer to you and that you will pay attention to some of the situations in which your disability claim may be denied. However, it is always recommended to hire a disability lawyer in every situation.