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Disability Lawyers in Ohio Discuss the Top Reasons for Denials

Disability Lawyers in Ohio gavel stethoscopeWhen filing for a disability claim with the Social Security Administration (SSA), it is recommended that you consult with your disability lawyers in Ohio after you have been denied your claim. The claims process through the SSA can be a lengthy process and it is possible that your claim can be denied. However, you can take your case through the claims process. During this process it is likely that your case will go to a hearing. If you end up going to a hearing, having your disability lawyers in Ohio representing you will only help to benefit you. When many people apply for Social Security Disability Insurance (SSDI), they often only think of the reasons why they should be awarded benefits. However, your disability lawyers in Ohio feel that it is best to understand some of the reasons why your SSDI or SSI claim may be denied by the SSA. Some of these reasons are out of your control, while other reasons are not. The following are the eight most common reasons for a SSDI or SSI claim to be denied.

The Eight Most Common Reasons Disability Can Be Denied

Your disability is not severe enough or will not last long enough to be eligible for benefits.

In order to be eligible for either SSDI or SSI benefits, the SSA will want to determine that your disability is severe enough that you are unable to work. They also require that your disability is one that will last at least 12 months, or even result in your death. The only disability that is exempt from this rule is blindness. Almost all claims that are filed due to acute trauma are denied for disability benefits. This is due to the fact that these injuries should heal within a 12-month time period. The exemption from this is if your bone fractures have not fully healed within six months. If they have not healed in that time, then it is likely that you will not be fully healed within a 12 months.

Your income is too high.

One of the most basic reasons for a person to be denied SSDI benefits is due to your incoming being too high. After you submit your application for disability benefits, you are able to work a small amount. However, that work must not exceed the “substantial gainful activity” (SGA) limit. The SGA sets a limit for what a person can make while awaiting a response from the SSA about their disability claim. If you earn too much money then the SSA will not consider you to be disabled. The figure constantly changes, but it is currently set at an income of $1090 per month. If you have applied for SSI, which is the benefits for those considered to be low-income, the “substantial gainful activity” changes. Your income, combined with your SSI benefits, will not be able to exceed $1500 per month.

The Social Security Administration cannot reach you.

The Disability Determination Services (DDS)is an agency that works with the SSA to determine if your medical condition is eligible for receiving SSDI or SSI benefits. While making their determination in your case, they will need to be able to reach out to you or your disability lawyers in Ohio. They will have questions about your medical condition, your impairment, your application, or to schedule medical appointments for you. If they are unable to reach you, then it is likely your benefits will be denied. Be sure to stay in touch with the person representing you in the SSA. If any of your contact information changes, call them immediately with the changes. The SSA will need to be able to reach you in order to even be eligible to receive disability benefits.

Your disability has stemmed from a problem with alcohol or drugs.

If it is determined that your disability has stemmed from your drug abuse or alcoholism, then you will be denied for disability benefits. This determination is made by the SSA. They will deny you if it is found that you would not be considered to be disabled if you stopped using alcohol or drugs.

You are not cooperating with the SSA.

Allowing the SSA to have full access to your medical records is essential to being approved for disability benefits. If you do not cooperate in handing those records over to the SSA, then they will deny your benefits claim. The SSA will also ask that you undergo a consultative examination (CE). A CE is done at the expense of the government and will involve a doctor who works for the SSA giving you an examination. If you refuse to undergo the mandatory CE, then it is likely you will have your benefits claim denied. Conversely, if you are unable to make your CE appointment due to the scheduled time or transportation issues, let your claim examiner know.

You do not follow the therapy prescribed to you.

If you are under the care of a doctor for your medical condition, then you need to follow their instructions as well as the therapy that they have prescribed for you. There are some exemptions where the SSA recognizes acceptable excuses for not following the prescribed therapy. The following medical excuses are acceptable to the SSA for not following the prescribed medical therapy:

  • You are not able to physically follow the prescribed therapy without the assistance of another person.
  • You suffer from a mental illness severe enough that it keeps you from being able to follow the prescribed therapy.
  • You have an extreme fear of undergoing surgery. Your attending physician must be able to verify that your fear is intense enough to not follow through with a surgery.

The following non-medical excuses are acceptable to the SSA for not following your prescribed therapy:

  • You have a religious belief that does not allow you to be able to follow the prescribed therapy from your doctor.
  • The therapy that your doctor prescribed is rejected by another medical professional who is familiar with your medical condition and history.
  • You are unable to afford to pay for the treatment that was prescribed.

In order for this to affect your benefits claim, the therapy that was prescribed must be one that impacts your ability to be able to have substantial gainful activity again. If your doctor informs the SSA that the medical therapy will likely not improve your chances of substantial gainful activity, then the SSA will most likely not deny you your disability benefits.

You were found committing fraud.

If it has been determined that you used fraudulent means to obtain your disability benefits, then the SSA will terminate them immediately. The SSA also has the right to prosecute you for your criminal actions. If it’s found that an employee in the SSA committed fraud in your case, they reserve the right to terminate your benefits.

You have a criminal history.

Not all crimes will dismiss your eligibility for receiving disability benefits, however there are certain conditions that will automatically deny your benefits. Those factors include:

  • Your impairment happened while you were committing a felony that you were convicted of. An injury like this will not be approved for benefits.
  • You are in prison after being convicted of a felony crime.
  • You have sustained an injury while in prison. However, once you are out of prison you may be eligible to receive benefits for the injury.

If you have been denied disability benefits for any of the above reasons, you may be able to contest the decision with an appeal. The letter you receive denying your benefits will include steps to file for an appeal on that decision. During the appeals process, you may want to contact your disability lawyer to help you file the proper forms. Schedule a consultation with your lawyer for additional assistance in your case.

Contact Your Disability Lawyers in Ohio

For an experienced professional to help with your case, contact your disability lawyers in Ohio today from the John Paul Oreh Law Office at (216) 896-0935. The John Paul Oreh Law Office has the disability lawyers in Ohio who will help you fight for the best possible outcome in your disability case.

 

 

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