What Do I Do if I Was Denied Disability?
What Do I Do if I Was Denied Disability?
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What Do I Do if I Was Denied Disability?
It is frustrating and heartbreaking to be denied disability benefits, especially when you have a genuine disability. But what if we told you that we could overturn the same claim from denial to approval with a proper legal strategy? All you need to do is contact a disability benefits attorney from Morgan & Morgan.
Unfortunately, many eligible candidates lose out on their disability benefits when they receive a denial letter from the government or their insurer. This is because they usually believe that it's the end of the road for them. If you or your loved one has been denied disability benefits by an insurance company or a government agency, we're here to tell you that all hope is not lost.
Denied Long Term Disability Insurance Benefits
It's heartbreaking to discover that your insurance company won't be paying what you're entitled to, even though you're an eligible candidate. Although this may surprise you, it is not surprising to us. We know that insurance companies don't care about you as much as they seem to.
They'll always grab that opportunity to save money and avoid paying you what they owe. When that happens, it won't matter if you're eligible for disability benefits.
At Morgan & Morgan, we have more than enough legal resources to take down the most powerful insurance companies in the country. Whether it's a case of group or individual long-term disability insurance, our attorneys can help turn that denial into an approval.
Veterans Disability Denial
If the Department of Veterans Affairs has denied your disability claim, don't panic. It's not unusual for initial claims to be denied, and that's why there's an appeal process in place.
The VA denies around 30% of disability claims every year, according to the VA’s own statistics. This can be frustrating, especially if you did everything they required of you. Here's a look at some of the most common reasons for disability denial by the VA.
- Missed deadlines
- Lack of enough evidence to support your disability claim
- Lack of a specific diagnosis to support your disability claim
- You failed to show up for your Compensation and Pension (C&P) exam
- Filing out the wrong forms
- Ineligible disability
Social Security Disability Benefits Denial
According to the Social Security Administration, the rate of denied disability claims is approximately 53% in 2022. This simply means that you have a higher chance of being denied social security disability benefits than approved.
The unfortunate truth is that many people end up abandoning their claims due to frustration. If you've been contemplating abandoning your claim, we may be able to fight for you.
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How Can a Morgan & Morgan Disability Denial Attorney Help?
Do not submit a new petition when you receive a notice that your disability benefits claim has been denied. The insurance company or government agency will most likely deny the new petition all over again. Instead, contact a Morgan & Morgan disability denial lawyer for a free case evaluation. Here's how our attorneys might be able to help.
Free Case Review
Morgan & Morgan won't charge you anything to review your case. This is because we're a law firm by the people and for the people. Our clients are ordinary people in society who can't afford attorneys to fight for their rights.
After reviewing your case, we'll let you know your options. If you have a valid claim for disability benefits, we'll assign an experienced disability denial attorney to your case. The attorney will be assisted by a team of paralegals and other experts experienced in handling such claims.
Whether you've filed a claim with a government agency or an insurance company, each one of these entities has a set of rules each applicant must follow. Our seasoned disability denial attorneys will ensure that your application meets these requirements, reducing the chances of denial.
We'll also review your petition to establish the reason for denial. If the reason is valid, we'll help you make the required changes and resubmit your application. If the reason for denial is invalid, we'll file an appeal on your behalf.
Collecting Crucial Evidence
As mentioned before, one of the key reasons for disability denials is the lack of sufficient evidence. But what exactly qualifies as evidence of disability, and what does not? That's a question our disability experts can answer. If you've been denied disability benefits due to insufficient evidence, we'll help you collect the kind of evidence you need to file a successful appeal.
Remember, each insurance company or government agency has unique evidentiary requirements. For example, the Social Security Administration requires that you provide the following evidence along with your application.
According to the SSA, the applicant must prove the existence of the disability and its severity. Our attorneys understand what qualifies as evidence and what does not. With this kind of information and our experience handling denied claims, we can help you convince the SSA or your individual insurance company to overturn their decision.
Acceptable Medical Sources
The SSA is also strict regarding the source of evidence you may submit along with your application. The same applies to private insurance companies. According to the SSA, you can only submit evidence from acceptable sources such as medical doctors, physician assistants, nurse practitioners, etc.
At Morgan & Morgan, we've built strong relationships with professionals from different fields, including healthcare, for more than three decades. As a result, we know where to obtain accurate records required by the SSA or your insurance company to process your disability application.
Timing Is Everything
The SSA or your insurance company will most likely reject your petition if the timing is not recent enough. However, the timing varies from one medical condition to another. Generally, the SSA admits records not older than six months. However, they may require that you submit evidence that's not older than three months for some conditions.
Preparing Clients for Questioning
The insurance company or government agency may want to question you to decide whether or not your claim is valid. This can be an intimidating experience, especially knowing that such companies or agencies would deny your claim for the slightest reason.
For this reason, we can help you prepare for questioning well in advance. This gives you the confidence to face the vocational expert and prove the validity of your application.
There's no better feeling than working with an individual who knows what to expect from the other party. This can be particularly beneficial when filing an appeal because such an attorney can almost predict the outcome of your case. This knowledge derives from years of experience handling similar cases.
As a result, an experienced denied disability attorney can help you build a strong case to support your application. In addition, the appeal will cover all possible scenarios that could occur, significantly limiting the chances of denial.
What Qualifies as Disability?
According to the SSA, a disability is a condition that:
- prevents you from doing the job you used to before the injury;
- limits your ability to adjust to other work; and
- lasts a year or longer.
If your disability benefits application has been denied due to failure to meet any of the above requirements, a disability denial attorney from Morgan & Morgan can review your case and determine whether the reason for denial is valid. If invalid, the attorney will then file an appeal on your behalf.
What Are Some Reasons for SSA Disability Denial?
The SSA denies disability benefits applications for many reasons. The most common include:
The Disability Is Self-Imposed
The SSA might deny your application if they determine that the disability is self-imposed, particularly if it has anything to do with drug and alcohol addiction. However, the SSA shouldn't deny your application if alcoholism is not a contributing factor to your injuries, meaning you'll still be considered disabled even if you recovered from alcoholism or drug addiction. This is just an example of different ways a seasoned disability benefits attorney can navigate the complex laws and help you file a successful appeal with the SSA, VA, or your insurance company.
The Disability Isn't Severe Enough
To be eligible for benefits, your disability must meet certain requirements. The SSA may deny your application if it doesn't seem severe enough. But, with the help of a Morgan & Morgan attorney, you may be able to prove the severity of your injury.
The Applicant Earns Too Much Money
There are restrictions to the level of work you may be able to do if you'd like to apply for social security disability benefits. This means that if you earn too much money, the SSA might claim that you're not disabled after all. However, some applications may be denied based on miscalculations. An experienced attorney can help review your income, recommend specific adjustments, and then file an appeal on your behalf.
The Applicant Did Not Follow Prescribed Therapy
The SSA assumes that any individual who fails to follow prescribed therapy may not be disabled. However, the reasons for failure to follow prescribed therapy vary from case to case. If you believe that you didn't attend therapy for a justifiable reason, an attorney may be able to argue your case on your behalf.
One of the many reasons the SSA has a high denial rate for disability benefits is due to the increasing number of fraudulent applications. For this reason, it's possible that the SSA might mistakenly mark your application as fraud.
Why Should I File an Appeal for Denied Disability?
As mentioned before, most applicants tend to give up when the Social Security Administration denies their application for disability benefits. Here's why giving up is never a good idea, especially if you haven't filed an appeal yet.
The SSA Denies Most Initial Application
The SSA denies more than half of disability benefits applications. So you shouldn't panic when you receive that letter in the mail confirming the denial. Instead, contact Morgan & Morgan for a case evaluation. We may be able to help you file a successful appeal.
The SSA Has an Appeals Process
Come to think of it, the SSA wouldn't have an appeals process if they didn't believe it was necessary. They know that most initial applications get denied, sometimes for the wrong reasons.
When you file an appeal, you're basically requesting the SSA to have someone else review your application. If they stand by their decision to reject your application, you may need to attend an appeal hearing with an Administrative Law Judge. If the judge denies your application, you may file an appeal with the Appeals Council. If denied again, the final step is to request a Federal Court review your application by filing a lawsuit against the SSA.
You Paid for Social Security Disability Benefits
If you were previously employed, part of your salary most likely went into the Social Security Disability Program. These payments help secure your financial future in the event that you become disabled, limiting your ability to work. So when you apply for disability benefits, you're actually requesting the SSA to pay you back your hard-earned money. It's not the same as requesting government assistance.
Given the high denial rates for such applications, you need someone aggressive enough to fight for your rights. Unfortunately, the appeals process isn't usually the easiest. It can be frustrating and tiring at the same time. Things become even more difficult when your new medical condition prevents you from fighting for your rights.
Remember, most appeals end up in a Federal Court, meaning it goes from an appeal to a lawsuit against the SSA. So if you don't have the right team of attorneys working on your case, you risk losing again. This could mean living the rest of your life trying to support yourself financially while struggling with a serious medical condition. The good news is that this shouldn't be the case; talk to us today for a free case evaluation.