Moving Forward With the Denial of Disability Benefits

Workplace injuries, depending on its severity, can render some employees disabled. In turn, disabled employees would often face difficulties in adjusting to the present condition, personally and professionally. For some injured employees whose disability or injury is so severe as to incapacitate him from working, applying for disability insurance is his only hope to continue to provide for his needs.

Applying for disability benefits is hardly a walk in the park – in fact, the denial of disability insurance applications is so common that a lot of disabled workers have lost hope in acquiring their deserved benefits.

Here are some things you should know if you want your application for disability benefits approved and what to do if your claim was denied.

Eligibility for Disability Benefits

Bear in mind that you cannot get approved for disability insurance if you are not qualified to get it. So what makes a person eligible? For starters, you must fall under Social Security Administration’s definition of being disabled.

The SSA considers you disabled if you:

1. Have a physical or mental impairment (or combination of impairments)
2. That prevents you from working, and that
3. Has lasted or can be expected to last for at least one year or to result in death

It should be noted that disability benefits are not given to workers who suffer from partial disability or for short-term disability. Assistance for these kinds of disabilities are usually covered by workers' compensation, personal insurance, savings and investments.

Likewise, if your earnings average more than $1,000 a month, you generally cannot be considered disabled. Also, since social Security work credits are based on your total yearly wages or self-employment income, you must have worked long enough in jobs covered by Social Security to qualify for disability benefits.

An experienced attorney will be able to guide you through the eligibility requirements in order to get your claim approved easily.

Appealing Denial of Disability Benefits

In the event that your application gets denied, don’t worry that it will the end all and be all of any of your disability benefits. You can still file an appeal, here’s a step by step how to, depending on what level your application is.

Reconsideration

Once your claim is denied, complete a Request for Reconsideration and an Appeal Disability Report which can be completed online or through paper and send them to your local Social Security Office. A personnel other than the one who previously reviewed your case will review your medical records and make a new determination about your disability. After the review a notification will be sent to you in writing of their decision.

Hearing

If your application is still denied, request or file an appeal for a hearing. Accomplish and complete a Request for Hearing by Administrative Law Judge and an Appeal Disability Report and your request will be sent to the Office of Disability Adjudication and Review for approval and appointment.

Appeals Council Review

If your claim still gets disapproved, complete and file a Request for Review of Decision/Order of Administrative Law Judge.

District Court Case

In the event that after all these steps, your application is still denied, file a case in court through the help of an attorney. The nitty-gritty and technical aspect of getting your disability insurance claim approved is best handled by social security lawyer. They will be able to prepare all the paperwork and evidence necessary to have your claim approved so that you will be represented as deserving of disability insurance benefits.