Many Social Security disability claims are denied at the first stage, and many of those succeed later on reconsideration or at a hearing. Understanding why the Social Security Administration (SSA) denied a claim is the first step toward fixing it. This article explains common reasons for denial and how Maryland claimants can respond.
The SSA pays disability benefits only for an impairment expected to last at least twelve months or to result in death. A fracture or surgery that should heal within a few months usually will not qualify. If recovery takes longer than expected, the medical records documenting that delay can change the outcome.
The SSA denies claims when the applicant earns more than its substantial gainful activity limit, a monthly figure the agency adjusts each year. Applicants who keep working part time should check the current limit with the SSA before applying. Earnings records often decide this question quickly.
Many claims fail because the records do not show how the impairment limits the ability to work. Regular treatment, consistent reports of symptoms, and opinions from treating providers about specific work limitations carry great weight. Following prescribed treatment matters as well, unless a recognized good reason excuses it.
The SSA may deny a claim when it cannot reach the applicant or when the applicant misses a consultative examination. Keep your address and phone number current with the agency and attend every scheduled appointment. Sign the authorizations the SSA needs to obtain your medical records.
When drug or alcohol use is a contributing factor material to the disability, the SSA denies benefits. The question is whether the claimant would remain disabled if the use stopped. Careful medical evidence on that point often decides these claims.
A claimant generally has 60 days from receiving a denial to request reconsideration, and the same period applies to requesting a hearing before an administrative law judge. Missing a deadline usually means starting over with a new application. Act promptly after any denial notice arrives.
Christopher L. Beard, an Annapolis attorney, represents Maryland claimants in Social Security disability appeals. To discuss a denied claim, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on the personal injury claims process in Maryland if another person's negligence caused your disability.
