Some may claim that social security disability benefits in Milwaukee, WI are easy to get – but the reality couldn’t be further from that statement. Of all disability applications filed, about 70% are denied at first. Why is this? While every case is different, and social security disability claims can be denied for several reasons, there are some common reasons a social security disability claim in Milwaukee could be denied the first time.
- Lack of Medical Evidence. In a social security disability case, medical records will make or break the claim. For those who rarely, or never, visit the doctor, it will be very difficult to prove your disability claim is valid, no matter how disabled you may really be. To make it worse, even if you do visit a doctor, not all medical records are created equal. Some doctors write down every word you say, while others fill their notes with boilerplate (and not very helpful to you) language. Additionally, if a doctor orders testing like an MRI for your injury, there is a chance that insurance will refuse to pay for it – however, not having those test results leave a critical hole in your case, which could lead to denial.
- Earning too Much Income. When you apply for social security disability benefits in Milwaukee, you are telling the government that you need benefits due to your inability to work full time. In order to gain these benefits, this means that your earnings need to remain below a level that is called ‘substantial gainful activity,’ which amounts to about $1,170 each month, while your application is in process. There are some exceptions to this rule, and your social security disability attorney in Milwaukee can help you find workarounds if necessary, but your safest approach is to keep your income below $1,170 per month.
- Issues with the Last Date Insured. This is a problem that only appears in social security disability insurance cases in Milwaukee, or SSDI. This is a program that you pay into while you are working, so that in the event that you stop working, your insurance will run out after a period of time. This isn’t a problem in cases where the claimant applies for benefits right after they stop working, but many claimants wait a period of time, even a few years, before applying. In this case, even if you are fully disabled today, if your last insured date is too far in the past, you could be denied benefits.
What Happens if I Appeal My Social Security Disability Rejection in Milwaukee?
If you have applied for social security disability benefits in Milwaukee and didn’t get an approval, you have the right to appeal this decision to deny your claim. The second level of the appeal process is in a disability hearing. In this hearing, you will appear in front of an Administrative Law judge in a courtroom to discuss the disability claim. Once you receive a notice that your social security disability claim has been denied, you have 60 days in which you can request this hearing. This gives you two months to prepare, which makes it imperative that you consult an experienced social security disability attorney as soon as possible before you appeal your claim.
Once your hearing has been scheduled, you will receive notice about 20 days in advance informing you of the date, time, and location for your hearing. Be on time for your hearing, as they are typically fairly brisk. They last typically from 15 minutes to one hour, so preparing early can make a good impression on your judge. On the other hand, if you are delayed for some unavoidable reason, you may be able to reschedule the hearing.
What if I Move Out of Milwaukee After my Disability Hearing?
Often, being disabled places claimants in a difficult financial situation, and it is not uncommon for claimants to need to move to a new location during the appeal process. How will that affect your disability claim in Milwaukee? What will happen if you move? The easy, short answer is: “probably not a lot.”
Remember, both social security disability in Milwaukee and supplemental security income are federal programs, and are not administered by Milwaukee, or even the state of Wisconsin. Moving to another city, or even another state, will not affect your ability to get these benefits, or the amounts you are entitled to.
However, if you are waiting for a decision from a judge, you need to make sure you make both your attorney and the Social Security Administration aware of any change to your address, in order to ensure that you are informed of the decision at your correct address.
In some cases, it can benefit you to move to another state – for example, in the case of Medicaid. Wisconsin residents who receive SSI qualify for the state’s SSI HMO program, for instance. If there is a state whose Medicaid requirements are more favorable to your situation, it could be to your benefit to relocate.
If you are currently receiving SSI in Milwaukee or are about to receive SSI, in most states, you will automatically qualify for that state’s Medicaid program.
Consult with a Social Security Disability Attorney in Milwaukee
Whatever your situation, if you find yourself in need of social security disability benefits, or need to apply for supplemental security income, don’t wait for your initial claim to be denied. An experienced and knowledgeable social security disability attorney in Milwaukee from the firm at Tabak Law can help you at every state of the application process to ensure that your case is supplied with sufficient records and evidence to see that your claim is approved. If you find that you need to appeal your social security disability claim in Milwaukee, our lawyers can help. Contact Tabak Law today for a risk-free consultation with an expert attorney. We are ready to listen to your situation, look at your records, help you to understand the way disability law works, and advise you as to the best possible next steps for your case.