Two-thirds of applicants have their SSDI benefits denied in Milwaukee, Wisconsin. This reality prompts many SSDI applicants to seek the assistance of a local SSDI insurance lawyer. Those who have already received an SSDI denial can benefit from legal assistance as well, as they have the right to appeal their claim.
If you are preparing to apply for disability benefits, discussing your case with an experienced lawyer would be the best solution to assess your claim and reduce the risks of receiving an SSDI denial from the Disability Determination Bureau.
Reviewing the most common reasons why the DDB denies disability claims may help, as well. It will give you a chance to reevaluate your claim, identify and eliminate potential application errors, or, if your claim has already received a negative answer, prepare for the appeal.
Common Reasons for an SSDI Denial in Milwaukee, WI
- Disability Lasting Less Than One Year – According to the Wisconsin Department of Health Services, in order to benefit from SSDI benefits, Wisconsin adults have to show that they have one or several severe disabilities that have lasted or will last for at least one year.
- Applicant Making Too Much Money – In order to receive SSDI benefits, your income has to be lower than the SSA limit for SGA (substantial gainful activity). If it is higher, the DDB will conclude that your disability is minor and you do not need financial assistance.
- Applicant Not Following Doctor Orders – If your doctor prescribed certain treatment or medical procedure and you did not follow through you can expect an SSDI claim denial. The rule does not apply if you can prove that your impairment prevented you from following directions or taking the prescribed medicines, you were unable to obtain the necessary assistance, the doctor’s recommendation was inappropriate, or you could not afford the costs.
- Poor Communication and Cooperation with the DDB – Filing the SSDI claim is just the first step of a longer process. Make sure the contact information you include in the claim is correct, and the DDB representatives can get in touch with you if they have questions or they need additional documents.
- Insufficient Treatment Records – In order to avoid having your SSDI benefits denied, you need to support your claim with medical records that show the evolution of your disability from diagnosis to date, every test you took, every procedure you followed, any treatment or therapy you tried. There should be no loose ends, no reporting gaps, and no conflicting information.
- Disability Related to Alcohol or Drug Abuse – The SSA may approve benefit claims for impairments that had alcohol or drugs abuse as the main cause, but you can expect to have your SSDI benefits denied if these substances continue to be a contributing factor to your ailment.
- Disability Linked to Criminal Conviction – You should not even bother applying for SSDI benefits if you are in jail after a felony conviction and you did not receive the court’s approval to enroll in a vocational rehabilitation program. This is also true if your disability happened or was aggravated while in jail, or if you incurred the injury that disabled you while committing a felony you were then convicted for.
If none of the above scenarios reflect your situation, you can go ahead and file your claim. If you are still worried your claim may be denied, an SSDI insurance lawyer can evaluate it and let you know where you stand.
You should also consult an attorney if your claim is rejected and you are thinking of filing an appeal. Depending on the stage of your claim process and the verdict you receive, an attorney can help you obtain:
- A reconsideration of your claim
- A hearing before an Administrative Law Judge
- An SSA Appeals Council review of your claim
- A federal court trial
Diminish SSDI Denial Risks with the Help of a Tabak Law Attorney
At Tabak Law, our attorneys have evaluated and prepared numerous SSDI claims for Milwaukee residents. We can help you avoid having your SSDI benefits denied, and save you the trouble of handling the claim filing process yourself.
If the worst has already happened, we may still be able to help you file an appeal and reverse the SSDI denial. In order to benefit from our assistance, all you have to do is call 844-432-0114 or fill in the contact form. We provide FREE case reviews, so you have no reason not to dial our number right now! You are one step away from receiving the advice and assistance you need.