A disability claim can be a complex and stressful process, and it is not uncommon for claims to be denied by the Social Security Administration (SSA). If you are facing a denied disability claim, it is essential to understand the reasons why it was rejected and what you can do to appeal the decision.
Contact disability lawyers phoenix to discuss the most common elements of rejected disability claims in the United States, including the most common reasons for the denial and the steps you can take to appeal a denied claim.
Common Reasons for Denial
The Social Security Administration (SSA) uses a five-step evaluation process to determine if an individual is eligible for disability benefits. If the SSA determines that an individual is not disabled at any step in the process, the claim will be denied. The most common reasons for denied disability claims include the following:
- Lack of Medical Evidence
The SSA requires individuals to provide detailed medical evidence to support their disability claims. If the medical evidence is not sufficient, the claim may be denied.
- Ability to Work
The SSA will evaluate whether an individual can perform any type of work, even if it is not the same work they previously performed. The claim will be denied if the SSA determines that an individual can perform some type of work.
- Insufficient Severity of Impairment
The SSA will evaluate the severity of an individual’s impairment to determine if it meets the requirements for disability benefits. The claim will be denied if the SSA determines the impairment is not severe enough to prevent an individual from working.
- Failure to Follow Treatment
The SSA will evaluate whether an individual follows prescribed treatment for their condition. The claim may be denied if an individual is not following prescribed treatment.
- Misrepresentation of Symptoms
The SSA will investigate claims that an individual has misrepresented their symptoms. The claim will be denied if the SSA determines that an individual has misrepresented their symptoms.
Appealing a Denied Claim
If your disability claim has been denied, you have the right to appeal the decision. The appeal process begins with a request for reconsideration, a review of the claim by a different SSA adjudicator. If the reconsideration is denied, the next step is a hearing before an administrative law judge (ALJ). After the hearing, the ALJ will issue a decision, which can be appealed to the Social Security Administration’s Appeals Council. If the Appeals Council denies the appeal, the final step is a lawsuit in federal court.
It is important to remember that the appeals process can take several months, or even years, to complete. Suppose you are considering appealing a denied disability claim. In that case, it is crucial to work with an experienced disability attorney who can help you navigate the process and increase your chances of success.