Los Angeles – Orange County – California
If you have been denied SSI or SSDI it is important you speak to a lawyer. Social Security disability benefits provide financial assistance to individuals who suffer medical conditions and cannot work. Because there are strict medical and technical eligibility criteria, the majority of initial benefits claims lead to claim denials, often as a result of mistakes made by the applicant. The best way to avoid common benefit claim mistakes is to enlist the services of an experienced disability benefits attorney.
Roeschke Law, LLC has extensive experience helping disabled individuals obtain the benefits they deserve. Backed by a working knowledge of the eligibility requirements for obtaining disability benefits, our attorneys will guide you through all levels of the claims process. When you consult us, you will have peace of mind knowing that our dedicated advocates are on your side.
SSDI Benefits: Reasons for Claim Denial in California
To qualify for disability benefits, your medical condition must have lasted, or be expected to last, 12 months or result in death. Additionally, you must have acquired sufficient work credits — a minimum of 40, half of which must have been earned in the last 10 years. Younger workers may qualify with fewer credits, however.
A leading reason for claim denials is that the applicant lacked sufficient work credits. Often, however, claims are denied due to common mistakes made by applicants. These include:
- Filing a disability claim while working — Though you are permitted to work while filing a disability claim, working may also reduce the chances of your claim being approved. In short, you must show that you are unable to perform substantial gainful activity (SGA) to qualify for benefits. The Social Security Administration (SSA) has established a monthly income threshold of $1,220 for determining SGA. If you are working, and your earnings surpass this threshold, you might receive claim denials.
- Applying for disability benefits too soon — Because your medical impairment must have lasted or be expected to last 12 months or longer, applying for benefits too soon can hinder your ability to prove that you have a permanent disability. Additionally, if the disability examiner determines that your medical condition will improve, you might also receive claim denials. This is why you should apply for disability benefits only when there is convincing medical evidence that your medical condition will last a year or more.
- Not providing sufficient medical evidence — An application for disability benefits must be accompanied by medical evidence — an exam history, a diagnosis/prognosis of your condition, results of any surgeries, prescribed medications, rehabilitation and therapy. If the medical information is insufficient or does not support your claim, the SSA may require you to attend one or more consultative exams. The exam findings will be a key factor in the outcome of your claim.
- Failing to follow doctor’s instructions — In reviewing your disability benefit claim, the examiner will confirm that you have been receiving treatment and determines how well you have responded. For this reason, it is crucial to follow your doctor’s instructions for any treatment, including taking prescribed medications and participating in rehabilitation. If you fail to follow the recommended treatments, your disability application will likely be denied.
- Not Having an Attorney Handle The Appeal — If your initial claim is denied, having a disability attorney represent you during your appeal vastly improves your chances of obtaining benefits. If you’re worried about the cost of hiring an attorney, you should know that Roeschke Law, LLC handles all disability benefits cases on a contingency basis. This means that you will not pay any attorneys’ fees to us until your claim is approved.
Contact Our Los Angeles California Social Security Disability Claim Denials Attorney
When you enlist the services of Roeschke Law, LLC, we will work to make sure your application for disability benefits is completed accurately and expeditiously. We will collaborate with your doctor to compile the medical evidence necessary to support your claim and arrange for medical and vocational experts to provide any additional supporting documentation and testimony. We are comfortable handling disability appeals, representing clients in disability hearings and carefully prepared to try a disability benefits case in federal court. When you work with our experienced Social Security disability attorneys, you can rest assured we will fight to enforce your rights and help you obtain the benefits you deserve. Please contact our office today for a free consultation.