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Reasons your disability claim was denied

You suffered a horrific accident that left you with a traumatic brain injury. Fortunately, the injury is mild enough that you have been able to regain most of your faculties. However, you will never be at 100 percent. This means that it is more than likely you will never return to your marketing career at the same level you were at before the accident. Your income and your abilities have been severely limited.

You applied with the Social Security Administration to receive disability benefits but the SSA denied your claim. This happens to approximately two-thirds of all first-time claims that are filed. Before you file for reconsideration, it is important to understand why the SSA denied your claim. Also, an attorney in the Beckley area can help you pursue the disability benefits that you deserve.

Read below for the most common reasons the SSA denies a disability claim.

Drug or alcohol abuse

The SSA does approve individuals that suffer from physical or mental disabilities due to drug or alcohol abuse in the past. However, if such substances are still a contributing factor to the impairment, then the SSA will deny benefits.

Your income is too high

Just like the Social Security that people receive when they reach the federal retirement age, disability benefits are based on the amounts that you have paid into the system through your payroll taxes. If the amount you earn from your wages is higher a level specified by the SSA, then it will not consider you disabled to the point where you are suffering an economic hardship.

The disability is not long term

In order to be eligible to receive benefits, you must prove that your impairment will last for at least one year. Even if you meet this eligibility, the SSA will review each case to determine if it merits benefit payments.

You failed to adhere to a doctor's orders

Except in a few cases, the Social Security Administration will deny your claim if you did not properly follow therapy and treatments prescribed for your disability. There are certain circumstances that the SSA will accept as valid excuses. For example, if your mental capacity is so limited that you cannot follow directions or you often forget to take medication. Other acceptable reasons include that you cannot afford the therapy, the doctor prescribed the wrong treatments, or you cannot find a facility to provide the therapy.

Your contact information is not current

If the SSA cannot get into contact with you to conduct an interview about your claim or to schedule exams, it will deny your claim. If you have to move while the SSA is reviewing your claim, be sure that you contact their office to keep your information up to date.

You have not provided the proper information

The SSA requires that you release specific medical records when it requests them. Furthermore, you must answer any questions the SSA asks you about your condition and treatment, and in general, you must cooperate with the agency. If you fail to fill out your claim correctly or do not provide the information the SSA asks for, you claim will be denied.

There are multiple reasons why the Social Security Administration will deny a disability claim. If your claim has been denied, it is important that you understand your rights and options when it comes to filing an appeal for reconsideration.

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Stephen P. New, Attorney at Law
114 Main Street
Beckley, WV 25801

Phone: 304-250-3280
Toll Free: 888-692-8084
Fax: 304-250-6012

Located Near the Courthouse

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