If you reside in Milwaukee, WI, the rules of Social Security Disability (SSD) claim denials are very similar to other regions in the U.S. A large majority of people believe that when they apply for social security disability insurance, they will automatically be approved and will start receiving the money. However, in reality, things may not be so simple.
The process of applying for a social security disability claim is complex, and the people who audit these applications never give out money freely. However, if you have legitimate reasons, you will be entitled to receive the benefits. The process is, however, complex and every claim is processed with great care. Keep in mind though that even if your SSD claim is denied, you will have an opportunity to respond.
Here are some reasons why social security disability claims may be denied:
- Too much income: The Social Security Disability Insurance (SSDI) program was designed to help people with little or no money. One of the criteria for determining if an applicant is eligible to receive SSDI is their income level. You have to submit your previous tax returns which will be used to determine your income. For SSDI applicants, there is a cap of $1,170 per month. If you earn more than that, you are unlikely to get any money. This figure is revised each year to take into account inflation and the cost of living. Your savings do not figure into this program and will not affect the decision. After you are approved for SSDI, you are at liberty to work, but again, there is a limit on how much income you earn. In Milwaukee, if you make more than $750, your SSDI payments will be decreased.
- Extent of disability: When you apply for SSDI, one of the first things that will be assessed is the degree of your disability. In order to qualify for disability, the Social Security Administration (SSA) has to know that your injury or disability is severe enough to last at least a year or be incapacitating (the only people who are excluded from this requirement are blind applicants). Claims like a headache, minor fractures or bicycle accidents are generally denied because they usually do not cause a long-lasting disability. Also, in most cases, you do not get SSDI for pain and suffering. The majority of bone fractures heal within 3-6 months, and SSDI is almost never given in such cases. However, if you have a severe pelvic or crushing fracture or had your leg/fingers amputated, then the SSA may look more closely at your application.
- No proper address: When you apply for SSDI, you must have a valid residential address where the agency can contact you. Many applications are denied because of improper or invalid contact information. Simply having a P.O. box is not good enough. Applicants need to have a proper place of residence which they rent and where they pay utilities. Even if you appoint someone else to take care of your SSDI application, you must get in touch with the SSA. If you plan to move or have moved, then your forwarding address must be provided to SSA. If for any reason, SSA is unable to get in touch with you, they will quickly close your file.
- Argumentative: When you apply for SSDI, you have to provide medical records. Some people are uncomfortable doing so and feel that they should not be obliged to give out their personal medical documents to SSA. Some applicants can actually argue about this issue, but you have to understand that it is never a good idea to argue with SSA officials. If you offend them, they can always put the case on the back burner, and your application will be further delayed. You have to understand that the SSA officials are simply following the laws of the state and you have to provide the required documents. In many cases, SSA may ask you to get an independent medical exam to determine your disability. If you fail to get this done, you may be denied SSDI because of inadequate medical information. If you have difficulty making it to the independent medical examiner, speak to someone from SSA and get another appointment. If you fail to show up for the independent medical exam more than twice without a good explanation, you will be denied payments.
- Failure to comply with treatment: SSA will review your medical report of disability, but the onus is on you to make sure you follow up with the healthcare provider. If you fail to get the prescribed treatment or never show up at scheduled doctor’s appointments, then your application may be denied. If you have a valid reason for not following up, you must present it to the SSA officials. Some people may be in the hospital; others may not have the physical means to get to the doctor or others may suffer from severe mental disease and not be able to follow directions. In such cases, the SSA will review your application and consider these factors.
- Drug or alcohol abuse: In most cases, if your disability is linked to drug or alcohol abuse, your application for benefits will be denied. You must stop drug and alcohol abuse to be eligible for SSDI. Similarly, if you have been convicted of a crime and are incarcerated or got injured during a felony, you are not eligible for SSDI. In addition, if you have committed disability fraud, your disability benefits will be terminated immediately.
Consult with a Milwaukee Attorney About Your Social Security Disability Claim
Overall, it is important to understand that social security disability insurance is designed for people who are actually in need of these funds because they suffer from a disability which actually has had an impact on their financial status and their overall life. If you live in Milwaukee and want to apply for social security disability benefits, you should contact our social security disability attorney at Tabak Law. Call us now at 844-432-0114 and our legal team will be happy to assist you.