A disability claim denial letter from the Social Security Administration (SSA) can feel discouraging, especially after months of waiting. Many people assume a denial means their chances of getting the benefits they need are over, but that’s not always the case. You have the right to appeal your claim, and our West Virginia Social Security Disability denial lawyers know how to assist you. If you are considering an appeal, it can be helpful to understand why claims are denied and what steps you can take with an SSDI attorney to strengthen your case moving forward.
The SSA takes into account multiple factors when deciding on approving an SSDI claim. That means there could be many reasons why a claim might be denied, such as the following.
Medical records form the foundation of every SSDI claim. If your records fail to show how a condition limits your daily activities and work ability, the SSA may deny your benefits. The agency wants proof that the condition prevents substantial work activity.
SSDI benefits exist for people who cannot maintain substantial employment because of a disabling condition. If you earn income above the allowable monthly limit, the SSA may deny the claim.
The SSA expects applicants to follow reasonable medical treatment recommendations. If a doctor prescribes medication, therapy, surgery, or another treatment plan and you refuse to follow it without a valid reason, it could be enough to deny your claim.
Simple paperwork mistakes can also lead to major delays or denials. Missing medical providers or unanswered questions may prevent the SSA from fully evaluating a claim, but these are also the errors that are easiest to address.
SSDI eligibility depends partly upon your work history. A person generally needs enough recent work credits through payroll tax contributions before qualification becomes possible. Our West Virginia lawyers can help address an SSDI denial for this reason, or any other reason.
There are some steps you can take to reduce the risk of a Social Security Disability denial in West Virginia. Our lawyers can help you preemptively address any of these situations.
Regular medical care helps you establish credibility and documents your worsening symptoms. It’s helpful to have records that document the following:
Consistency is crucial to prevent a denial of an SSDI application. It’s important that all of your information is accurate, and be sure to never exaggerate the severity of your disability.
In general, you should follow the medical advice from your care provider. If you fail to do so, it could negatively impact both your health and your claim. Of course, you can also ask for a second opinion as needed.
Handling this process alone is often a major mistake. A West Virginia attorney can help gather records, identify weaknesses in a claim, prepare medical evidence, and communicate with the SSA to prevent denials. Even if your claim does get denied, our team can work with you to file an appeal.
Denial of benefits is not uncommon when it comes to the SSA, but you can reduce the odds by getting professional assistance from the start. If your SSDI claim was denied, now is the right time to talk with an attorney about it. You may be able to get the benefits you deserve if you file an appeal. Call our firm today for a free consultation to discuss your Social Security Disability denial in West Virginia.
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Jan Dils, Attorneys at Law
