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Having a Social Security Disability claim denied by the Social Security Administration (SSA) can be frustrating. Whether you applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), it is reassuring to know that you have a right to appeal. Before you take action, it helps to understand the initial reason for the denial.
A West Virginia SSD denials lawyer from our team can review the SSA’s decision and identify the reason for your denial. Rather than managing an appeal on your own, let our experienced SSD application attorneys guide you through every step of the process.
SSD claims in West Virginia can be denied for several common reasons. Our experienced legal team understands these reasons and how to address them.
If your medical records do not clearly show how your condition prevents you from working, the SSA may conclude that you do not meet the SSD’s definition of disabled.
The SSA must determine that your condition prevents you from performing substantial gainful activity and that doctors expect it to last at least 12 months or result in death. Even if you have received a diagnosis, the SSA may determine that your limitations are not severe enough to qualify.
The SSA may question your claim if your medical records show you haven’t followed your doctor’s prescribed treatment. If the SSA believes that treatment could restore your ability to work, your claim may be denied unless you have a good reason for not following it.
The disability application requires detailed medical, work history, and financial information, such as doctor and treatment records, birth certificates, or past marriage information. If you don’t provide everything the SSA needs to make a decision, your claim could be denied. Submitting the missing information during an appeal can often resolve the issue.
For SSI applicants, financial eligibility is just as important as medical eligibility. If your income or available resources exceed the program’s limits, the SSA will deny your application regardless of the severity of your condition.
If the SSA denies your claim, you have the right to appeal that decision. A denial doesn’t automatically mean you’re ineligible for benefits, and many applicants go on to have their claim approved during the appeals process.
The key to a successful appeal is understanding why the SSA denied your claim. Rather than submitting the same information again, you should address the specific issues identified by the SSA. That may involve:
It is also important to act quickly. There are strict deadlines for appeals, meaning the SSA could deny your claim if you wait too long. West Virginia applicants should contact our attorneys quickly after an SSD denial so we can prevent those situations and get your claim back on track.
If you’ve had a claim denied by the SSA, it’s important to understand your options moving forward. Berger and Green has helped tens of thousands of people fight for their hard-earned benefits, and we’re ready to use that experience to fight for you too. Contact a West Virginia SSD denial lawyer from our firm today to see how we can help.