Social Security Disability Insurance: Denials and Appeals
Most people who apply for Social Security Disability Insurance are denied on their first attempt. Some estimates suggest that up to 70 percent of applicants are initially denied benefits. Knowing this, you should not feel completely discouraged by the denial. The appeals process is around for a reason, and you should be prepared for what this process entails. The team at our Provo, UT law firm has helped clients without various types of lawsuits and legal issues. Below, we’ll briefly cover some reasons for denied Social Security Disability Insurance claims and offer a broad overview of the appeals process. Reason for Denial of Social Security Disability A few reasons for denial of your claim include: Technical Denial – If you are earning more at the moment than the substantial gainful activity limit or have not worked enough to qualify for benefits, you may be denied benefits for technical, non-medical reasons. Issues with Medical Treatment Documentation – If you do not provide full details of the medical treatment you’ve undergone, the name of the physician, and the location of the facility, the lack of records could contribute to the claim denial. Lack of Evidence of Disability – As part of the medical record documentation, it’s important that the nature and extent of your medical issues be recorded. If the recorded medical problems are not substantial enough, this could result in denial. Presence of “Bad Facts” – Certain information could make denial of your claim more likely, such as mentions of drug or alcohol abuse, or noting that you have been able to work despite your disability. Request an Appeal within 60 Days of Denial If you are denied Social Security Disability benefits, it’s important that you get the appeal process started right away. You have 60 days from the date of the denied claim to begin the appeals process. Follow the application instructions closely. Make Sure You Have Proper Documentation When appealing your claim, be sure to gather all of your medical documentation together. This will include all information on medical treatments, medications you’ve taken, and statements by your physician and other medical professionals regarding your injuries. Reconsideration of Your Original Claim The first step in the appeals process is a request for reconsideration. A different claims examiner will look at your initial claim and determine if the initial denial was in error. Keep in mind that up to 85 percent of reconsiderations are also denied. Hearing Before an Administrative Law Judge The next stage of appeal is a hearing before an actual administrative law judge. This hearing typically lasts 15 minutes to one hour. You may be asked about your limitation and how they prevent you from working. Review by the Appeals Council If the hearing does not go favorably, you may also seek a review of the administrative law judge’s ruling by an Appeals Council. Errors of a technical or substantial nature in the judge’s ruling might alter the case. Federal Court Review The final level of appeal is a lawsuit in federal court. This is only sought when all other options have been exhausted. How a Lawyer Can Help You As you can see, the appeals process can be an involved matter. Having a skilled attorney behind you during this process can make matters more manageable, and offer you peace of mind with regard to documentation and how to comport yourself during an actual hearing. This can prove invaluable if you want to make sure you are able to receive benefits for your injuries. Contact Our Team of Attorneys For more information about your legal rights and options regarding social security disability insurance, be sure to contact the attorneys of Flickinger Sutterfield & Boulton. Our team is here to help you in your time of legal need.
Social Security Disability Qualifications
When people suffer from long-term disability, they may have the right to seek disability benefits through social security. There are many requirements that must be met for a person to obtain these benefits, and the filing process can be complicated. At Flickinger Sutterfield & Boulton, our attorneys have experience handling various types of lawsuits that cover all areas of the law. Our experienced disability attorneys can be a great asset when filing for social security disability. We understand the social security disability qualifications that our Provo, UT clients must meet to obtain benefits. Our attorneys will gather the evidence necessary to prove our client’s case so they get the disability payments they need to support themselves. Defining Disability Many people do not seek the social security disability benefits they are due because they don’t realize that they qualify. One common misconception is that a disability must be physical in nature for benefits to be available. In truth, disability is defined by social security as any condition (physical or mental) that is severe enough to inhibit a person’s ability to work and earn a livable income. Who Is Eligible? To qualify for social security disability, individuals must meet certain eligibility requirements. Following are some of the factors that will be considered by social security: The severity of the disability: A minor disability is not enough to qualify someone for social security benefits. Instead, the condition must be classified as severe. However, severe is a subjective term. Essentially, a severe disability is one that has a significant impact on a person’s normal daily functions and activities. The duration of the disability: Another important factor that is considered prior to providing social security disability is how long the disability has been present or will be present. To qualify for disability, a condition must last for a minimum of 12 months. Even if a disability completely incapacitates a person, they will not qualify for benefits if doctors believe the condition will resolve itself within less than a year. An inability to return to former work: To qualify for social security disability, the debilitating condition must not only exclude the person from returning to their current work, but any jobs that have been held in the previous 15 years. Disabilities must also be substantial enough that they prohibit the individual from doing some other type of work. In addition to the abovementioned criteria, candidates for social security disability must meet some non-medical conditions. To qualify for benefits, the individual must be able to prove that he or she is either a citizen or has alien status, and that he or she has social security insurance through his or her work record. Other information that may be requested include a birth certificate and any applicable marriage license. Contact Us Social security is often quick to deny disability benefits, so it is important for applicants to have an experienced attorney, such as those at Flickinger Sutterfield & Boulton, working on their side. If you have questions about your rights to social security disability, or need help filing for your benefits, contact us at your earliest convenience.
Workers Compensation Benefits: What Does it Cover?
When employees are injured, they typically expect worker’s compensation benefits to kick in and help provide for them while they are out of work. Unfortunately, it is not always that simple. In some cases, a worker’s compensation claim may be denied. Or, even if a claim is approved, the insurance company may withhold or fail to pay some benefits. Employees can work with an experienced workers’ compensation attorney, such as those at Flickinger Sutterfield & Boulton, to protect their rights. There are many types of lawsuits that can be filed in pursuit of financial compensation. Here, we discuss workers’ compensation benefits, along with what they cover, so our Provo, UT clients know what they can expect if they are injured. Workers’ Compensation Coverage There are various benefits that are provided by a workers’ compensation insurance policy. It is important for employees to understand the types of benefits offered by their plan so that they can seek appropriate coverage in the event of an accident. While the exact details of each plan may vary, following are some of the most common benefits that may be provided by workers’ compensation: Medical expenses: Workers’ compensation benefits should cover all medical expenses stemming from a work injury. This includes diagnosis, treatment, medication, and any necessary follow-up care, including rehabilitation and physical therapy. Although initial medical treatment has to be administered by a workers’ compensation-approved provider (unless appropriate paperwork has previously been filed), injury victims can switch to their own provider after a certain amount of time. Disability: Disability benefits are meant to cover wages that may be lost while a person recovers from their injuries. The extent of disability benefits available to an employee will depend on the extent of their injuries. A worker may be due benefits for temporary or permanent disabilities, as well as partial or complete disabilities. Death benefits: If work injuries result in an employee’s death, the family may be due certain death benefits through workers’ compensation coverage. These benefits may include the cost of any medical expenses that were incurred before the death, as well as funeral expenses. Protect Your Rights The best way for an employee to protect their rights after a work injury is to work with one of the experienced personal injury attorneys at Flickinger Sutterfield & Boulton. Our attorneys can assist in filing a workers’ compensation claim, or in filing a lawsuit to seek financial compensation for any damages that may have been denied by the insurer. We will fight to protect our client’s rights and help them receive all the benefits they are due from their workers’ compensation coverage. Contact Us If you have been injured on the job, you may be due compensation for medical expenses, lost wages, and other benefits. To learn more about your legal rights following such an injury, contact us at your earliest convenience. The experienced team of attorneys at Flickinger, Sutterfield & Boulton are ready to work on your behalf.