Receiving a denial notice on your Social Security Disability claim may be as painful as your current surgery. However, you don't have to give up easily on your SS Disability claim.
There are reasons why your claim is denied. Mostly, it is due to the claimant’s failure to meet Social Security Administration standards. It is not enough that you have completed the medical records; you need to submit the correct documents that SSA needs to substantiate your claim.
To ensure a winning claim on your second attempt, it is best to hire a Social Security Disability lawyer to help you analyze what went wrong and implement steps that will help you receive your deserved benefits in less time.
Here are some areas in your Social Security disability claim that needs further evaluation:
1. The facts written on your Substantial Gainful Activity (SGA) form. You might have written inconsistent reports on your day-to-day activities. Cooperate with your lawyer and write a letter stating the clarifications on your SGA form.
2. The facts written on your Work History Report. The statements you have written might have created an impression that you can still perform an alternative job. Include in your letter the clarification on your current physical and mental ability.
You may attach additional medical records to prove your statements. You can obtain a medical certificate from your attending physician, stating how your disability hinders you from resuming to work or performing alternative job.
3. Insufficient medical records. Your hospital might not have forwarded the requested medical records to SSA. You have failed to follow up the progress on such request and it led to the denial notice. Call the hospital or ask your family member to retrieve the needed medical records.
4. Your average monthly income. If you have written more than $940 of average monthly income, it is the reason for your denied SS disability claim. SGA limits earning capacity below $940.
5. Your disability will not last more than a year. SSA stipulates that the disability must be severe enough to last more than 12 months, or the medical condition may eventually lead to death.
You can file a reconsideration or appeal to have the SSA re-evaluate your SSD claim.
Complete the SSA-561-U2 (Request for Reconsideration) form or SSA-3441-BK (Disability Report -- Appeal) form. Attach the additional medical records and documents along with your formal letter.
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