Top Reasons Disability Claims Get Denied in Georgia
Do you live in Georgia? Do you have a disability that has caused you to be unable to work? If so, you may be wondering how you’ll continue to pay your bills and provide for yourself and those you love. You may have filed a claim for disability benefits – and if you haven’t, you may consider doing so. If so, you should know that while these benefits can be tremendously helpful, many claims are often denied on the first attempt. In fact, more than half of all claims are initially denied. Why are disability claims commonly denied in Georgia? Let’s take a closer look at the law together.
Clearing Up the Confusion
Learning that many claims are initially denied may be confusing, to say the least. You may wonder – if I have a disability and I can’t work, why wouldn’t my claim be approved? That’s an understandable question to ask. The answer often lies in the application itself and in the process that the Social Security Administration uses to review applications.
Some of the reasons claims are commonly denied in Georgia and other states include:
- Insufficient medical evidence: To determine if a particular condition is a “disability,” the Social Security Administration will often consult its “Blue Book.” The Blue Book is a guide that covers a wide range of conditions and their associated symptoms. In some cases, a claim may be denied because the particular condition is not included in the Blue Book. In other cases, the condition may be included, but the Social Security Administration may find that insufficient evidence has been presented to substantiate it. Either way, additional medical proof may be necessary.
- Earning too much income: Social Security disability benefits are intended for those who are unable to work. If you are still engaging in what the Social Security Administration calls “substantial gainful activity” by earning an income above the applicable limits, your claim for benefits may be denied.
- Length of disability: The Social Security Administration requires that applicants have a disability that has rendered them unable to work for at least one continuous calendar year or more. If you have a disability that has lasted for a shorter amount of time, you may be able to seek short-term disability benefits of some kind, but you will likely have your claim for Social Security disability benefits denied.
- General application errors: In some cases, a claim is denied for technical reasons. It may be denied for missing signatures, incorrect dates, incomplete employment records, or other similar reasons.
While these are a few of the more common reasons that claims are denied in Georgia, they certainly aren’t the only ones. Talking with an attorney regarding your particular claim and why it may have been denied is always advised.
Understanding Your Appeal Options
While it’s unfortunate when a claim is initially denied, it’s not a reason for panic. The good news is that an appeals process is available. Depending on your circumstances, you may want to pursue an appeal, and understanding the various stages can be helpful. They include:
- Filing a request for reconsideration: This is the first stage of the appeals process. It generally consists of requesting that your claim be reviewed again, and it allows you to present new evidence in support of your claim.
- Seeking a hearing with an administrative law judge: If your request for reconsideration is denied, you have sixty days to seek a hearing with an administrative law judge. These hearings may take place in person, telephonically, or by video. An ALJ will review your case as well as any new evidence you present and decide whether to affirm or deny the decision.
- Appeals council review: If the ALJ denies your appeal following a hearing, you may seek review of that decision from the appeals council. You will have sixty days to do so from the date that the ALJ‘s opinion is issued.
- Federal court appeal: This is the final and most complex stage of the process. Many cases don’t make it to this level, and talking with an attorney regarding whether or not this is an option in your case is advised.
While pursuing an appeal may seem intimidating or overwhelming at first, the good news is that with the right legal team on your side, it can be effective and well worth your time. At Keener Law, we’re here for you.
Call Keener Law Today
At Keener Law, we believe that every disabled client deserves a legal team on their side that understands the law and will fight for them as they pursue the benefits they need. We believe you deserve nothing less. That’s why we’re committed to offering excellent representation and to keeping you informed and involved each step of the way. If you’re ready to take that first step toward seeking benefits today, give us a call. We look forward to speaking with you soon.
Sources
- Social Security Appeals Process: https://www.ssa.gov/apply/appeal-decision-we-made
- Social Security Disability Benefit Overview: https://www.ssa.gov/pubs/EN-05-10029.pdf