Denied or Waiting on Disability Benefits in Dallas? What You Need to Know Before You Lose More Time

You have been working all these years, contributing to the system, but now due to a sickness or an accident, you no longer have the capability to earn a living. The bills just keep coming, your savings are running dry, and the SSA has sent you a denial letter or kept you waiting for months on end for an answer. This can be a very difficult and scary position to be in, especially since you are already facing pain, medical care and uncertainties regarding the future. People who apply for social security disability benefits in North Texas feel as if they are being penalized for their illnesses. Hiring a Dallas SSD lawyer will help take the stress off, but knowledge about the process is key.

Why Do So Many Disability Applications Get Rejected?

It’s an unfortunate reality that most applications get rejected right off the bat. The reason behind many of those rejections has very little to do with the true medical condition of the person applying. Instead, the problems stem from lack of documentation, insufficient medical evidence, or claims that failed to properly articulate the effect that the disability has on one’s ability to work. A large number of cases get reviewed by disability examiners every year. In order for your case to pass through, all documentation must be clear and convincing.

Social Security Disability Insurance Eligibility Criteria

Social Security Disability Insurance is aimed at people who have worked sufficiently and have been paying Social Security taxes but cannot continue working due to a disability. One needs to satisfy two criteria to be eligible for SSDI benefits: sufficient work credits, and a disability as defined by the Social Security Administration.

According to this definition, a person’s disability should be preventing him/her from engaging in substantial gainful activity and should be expected to last for at least 12 months. If the condition does not prevent one from working for 12 months, it will not make a person eligible for disability insurance benefits even if the condition is extremely painful.

Another program available for some is Supplemental Security Income, and its eligibility is based on financial need regardless of the work history. Some people may be eligible for both programs, and it is necessary to understand which program is applicable to one’s case.

Considerations for the Social Security Administration in Their Evaluation of Your Disability

Your case will be decided on evidence, not on how you are feeling on a certain day. In evaluating your disability, the SSA takes into account a number of factors:

Medical documentation and test results. Medical records, imaging studies, test results and medical history regarding your diagnosis, symptoms and past treatment.
Your employment record. Past occupations and their physical and psychological requirements, and whether you can perform them again or switch to another job.
Impairments in functioning. The impact of your disability on your ability to sit, stand, lift, concentrate, follow directions and relate to co-workers.
Age, educational level and skill set. Older applicants with low education are often assessed differently from younger individuals with transferrable skills.
Consistency of your treatment. Absence of regular treatment and failure to attend doctors’ appointments can indicate that your disability may be less serious than claimed.

The Most Common Denials Reasons

When you know why claims are denied, you will be able to avoid such pitfalls. This is the list of issues, which often arise:

Insufficient medical documentation. Your documentation does not contain information regarding severity of your condition and limitations it causes for your activities.
Failing to comply with prescribed treatment. The SSA can question the legitimacy of your claim if you discontinued your treatment for a wrong reason.
Exceeding monthly earnings limit. If you work and earn more than allowed by the SSA, your claim may be denied despite your poor health.
Incomplete or late forms. Missing answers to questions asked, not providing necessary information in time and missing deadlines can make your claim rejected immediately.
Unclear work limitations. Absence of a statement made by a physician regarding your capabilities and inability to perform certain types of job.

Appeal Process: Do Not Lose Hope After Your Claim Is Denied

Once your claim is denied, you are entitled to appeal, but you must act fast. In most instances, you have a period of 60 days from the time you receive the notice to file a request for reconsideration. If you fail to do so, you will be forced to reapply, which means losing out on all your back payments. Appeal process involves various steps, including reconsideration, hearing before an administrative law judge, appeal council review and finally, filing a lawsuit in federal court. Most people who have their claims denied during the initial stages manage to win their case at the hearing stage by proving their limitations. This stage requires preparation.

How a Lawyer Can Help Make Your Case Stronger

Disability laws are complex, and the process has been designed to make it difficult even when you are sick. An experienced lawyer can help organize all of your medical evidence, obtain full written statements from your doctors on your disability, meet every deadline, and get you prepared for your hearing. An experienced lawyer can also contest the logic used by the SSA if they deny your case unjustifiably or based on incomplete evidence.

When selecting a lawyer, it is important to look for a firm that specializes in Social Security cases, is clear in communication, and will give you clear information regarding all your options. An experienced Dallas SSD Lawyer should be able to tell you the status of your case and what you need to know.

Legal Fees Explained

One reason many people postpone filing is because of the issue of money. Legal representatives who handle SSDI claims usually do so on a contingency basis, meaning you do not have to pay any money upfront. The legal fees are determined by federal law and cannot exceed 25 percent of your past-due benefits, which is limited to a certain amount established by the SSA. In the case where you do not receive any benefits, you will not be required to pay the lawyer’s fees; however, there may be some case-related expenses you will be responsible for. Request the legal fee agreement in writing.

Steps You Can Take Today

In the process of handling your application, continue visiting your doctor as scheduled and following your doctor’s recommendations. Record basic information regarding your medical conditions, medications you are taking and how your illness impacts your daily activities. Reply to each correspondence from the SSA without fail, and maintain a copy of all documentation you submit. Once your application has been rejected, take immediate action as time is of essence.

Do Not Have to Go Through This All by Yourself

Being frustrated waiting for benefits while being in a poor state physically and financially can be exhausting, but one needs to remember that there are always his rights, which need to be protected. Seeking assistance from a qualified and experienced professional can greatly affect the whole process. In addition, it will make it possible to make sure that the procedure goes as smoothly as possible. Getting legal representation in form of a trusted Dallas SSD Lawyer will help to prepare a more effective claim, eliminate mistakes and help to focus on one’s health and family members.

The First Important Step for Obtaining Deserved Benefits

Dealing with health issues is already very difficult and stressful; therefore, fighting with the government agency to get some benefits can cause much frustration. Getting a denial letter or facing difficulties during the application process does not mean that one’s claim lacks merits. It only shows that one should have better preparation and evidence as well as experience with this whole system. What one needs to do is to act promptly, continue his treatment and never miss deadlines for appeals.

Published with permission from Kraft & Associates Law Firm – Dallas, Texas