Wednesday, March 11, 2015

What should you do if your Social Security disability claim has been denied?

Applying for and receiving Social Security disability (SSD) benefits can be a long and stressful process. Many applications are denied initially, so if you have been denied, don’t give up on your case.

Reasons You May Have Been Denied
If you receive a denial letter, it will list one or more of three major reasons that your claim would be denied:

1. Inadequate work credits. To be eligible for SSD benefits, you must have accumulated enough work credits – meaning that you have worked long enough and contributed a specific amount to Social Security (through FICA taxes withheld from your paycheck) before filing for disability. The older you are, the more work credits you are required to have to be eligible for SSD benefits. To have enough work credits, you must satisfy two tests:

Recent Work Test: If you are age 31 or older, you must have worked at least 5 out of the last 10 years. If you are between ages 24-31, then you must have worked at least half the time since turning 21. For example, if you are 29, you must have worked at least four years out of the last eight years. If you are under 24, then you must have worked at least 1.5 years in the 3 year period before you became disabled. Certain blind applicants are exempted from these strict requirements.

Duration of Work Test: In addition to the recent work test, the duration test measures whether you have worked enough years as of the date you became disabled. To see the duration requirements for your age group, visit this disabilitysecrets.com.

2. Disability Not Permanent. To receive Social Security disability benefits, you must prove that your disability is likely to last more than twelve months or result in death.

3. Ability to Adjust to Other Work.  To receive SSD benefits, you must be unable to do your previous work and also be unable to do any job in the national economy. Unfortunately, this standard does not consider the availability of any job in the national economy, only whether you are capable of performing the work.

What to Do if You Have Been Denied

If your application for Social Security disability has been denied, you should consider getting an experienced SSD attorney to help with your appeal. You have sixty days from the date of your denial to file an appeal. Failing to appeal in a timely manner forfeits your appellate rights and you then have to start all over again by reapplying for disability.

If you do not agree with the decision in your denial letter, if you believe that you have additional information that could help your case, or if your application contained an error, call Warren and Barren County, Kentucky disability lawyer Flora Templeton Stuart at (888) 782-9090. For the past forty years, Flora and her team have helped hundreds of clients who were wrongly denied disability receive their much needed SSD benefits. When a disabled client contacts our disability attorneys, we immediately begin working on your case by reviewing your medical records and begin preparing your appeal. We have offices in Glasgow and Bowling Green, Kentucky to better serve our injured clients. Contact us for a free case evaluation.