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Have you been denied Social Security Disability? There are many possible explanations.
Lack Of Proper Medical Documentation: The most common reason for being denied disability is that your medical records do not sufficiently document your limitations. What goes into your medical records is not entirely in your control, but there are some things that you can do to dramatically increase the chances that important details about your limitations make it into the record. You will almost certainly be denied if your disability is not well documented. You should speak with a Boise Social Security Attorney from our office for more information on how to best deal with your doctors and how to properly document your limitations.
Your Disability Is not Expected To Last Longer Than 12 Months: Another reason you may have been denied is that Social Security believes that your disability simply won’t last long enough. For Social Security SSI disability or SSD disability benefits, you must be able to prove to Social Security that your disability is severe enough that it will last at least twelve months. Injuries that result from accidents (such as trauma or bone fracture) are denied simply because most likely they won’t keep you from working more than 12 months. Of course, that doesn’t mean you can’t get on disability if you did fracture a bone. Just because most bone fractures heal in less than a year doesn’t mean that yours will. If you have a severe bone fracture that is still hasn’t healed after seven months, Social Security will be more likely to believe that it will last a year. Each case is considered on an individual basis. In addition, your Social Security attorney can help you to document that your condition is expected to last longer than 12 months.
Social Security Cannot Find You: If the Social Security administration cannot find you to schedule examinations or to simply communicate you, your case may have been denied. When you use a Social Security disability attorney to handle paperwork and stay in contact with Social Security, Social Security can always find them, and this will help to avoid being denied because of a lack of communication. Make sure that if you move while your application is being considered that your attorney knows how to contact you.
Failure to Cooperate: Refusing to cooperate is another reason that you may have been denied disability. For example, if you fail to attend a consultative exam or you refuse to release medical records to the Social Security administration, your claim could be denied. In the same way, if you fail to follow prescribed therapy you could be denied.
Alcohol and Drug Addictions: If your disability is based on alcoholism or drug addiction then that may have been why you were denied. If you have problems with alcohol or drug addiction, the first thing Social Security will do is verify if it is directly related to your disability. If it is, then Social Security will ask what part of your disability would remain if you stopped using alcohol or drugs. Would any of the remaining limitations be disabling? If you have a permanent impairment from damage created by the drugs or alcohol, then the impairment could still be the basis for disability. If you have or are struggling with addiction, tell your Social Security attorney right away. He can help to clarify how much of your disability relates to your addiction.
To Much Income or Assets: Another reason you may have been denied disability benefits is that you simply have too many assets or earn too much income. To apply for any kind of disability, you must not be working full-time or earning more than what is called SGA (substantial gainful employment). To be eligible for SSI, you have even lower income levels and you can’t have too much in assets. To find out what the substantial gainful activity limit is currently, you can contact one of our disability lawyers.
If you have been denied Social Security benefits, it isn’t too late to get your disability, but time is limited for making an appeal. For help with appealing your claim, please contact a Boise Social Security attorney in our office.
Originally posted 2014-09-24 15:51:58.