Bringing A Social Security Disability Claim
Social Security Disability (SSD) provides monthly income to those who are unable to work for a year or more because of a qualifying physical or mental impairment. While the vast majority of applicants are initially turned down, there is a process to appeal to your denied claim.
The key to success is to hire an attorney with specific experience in Social Security Disability. The legal team at Koszdin, Fields & Sherry has helped hundreds of clients across Southern California obtain SSD benefits. We will shepherd your case through the long and frustrating process of winning approval for disability benefits.
Turned down for Social Security disability?
Call us for a free consultation about your specific situation. Our Van Nuys law firm represents disability claimants throughout Greater Los Angeles.
What Type Of Condition Keeps You From Working?
Social Security Disability Insurance, also called SSD or SSDI, provides monthly benefits based on how much you paid into the system through payroll taxes (up to a maximum). You must show that you have been disabled for 12 months or that you expect to be.
Our main focus is work-related injuries, and we represent injured workers who are seeking Social Security disability after their workers’ compensation benefits expire. However, we welcome all claimants whether or not the injury or illness is work-related.
Our attorneys have experience with all types of physical and mental disability claims, including:
- Herniated disk and other back and neck injuries
- Orthopedic injuries (broken bones)
- Heart disease
- Lung ailments
- Liver failure and kidney disease
- Complications of diabetes
- Cancer
- Traumatic brain injury
- Arthritis and inflammatory diseases
- Depression and bipolar disorder
- Anxiety disorders and panic attacks
- Post-traumatic stress disorder (PTSD)
We Are Committed To Winning Your Disability Benefits
Our lawyers are familiar with the medical jargon and the technical criteria for the different listed impairments. We update your medical records and review your case to understand how to position you for success. We assist clients in all stages of the claims and appeals process:
- Resubmitting claims to the SSA for formal reconsideration
- Preparing for an administrative law judge (ALJ) hearing
- Appealing adverse ALJ rulings to the Appeals Council
WHY WOULD A SOCIAL SECURITY DISABILITY CLAIM BE DENIED?
Studies indicate that only around 30% of Social Security Disability benefits applications are approved after the first application is submitted. Unfortunately, this means that approximately 70% of applicants are left dealing with denials. It is important to point out that just because a person receives a denial does not mean that they will not get Social Security Disability benefits. However, those who have been denied do need to go through the official appeals process. Starting a new application again will only result in another denial.
Some of the main reasons that a Social Security Disability application will be denied could include the following:
- Lack of medical evidence. Anyone applying for Social Security Disability benefits is going to have to prove they are unable to work due to their disabling condition. This will include providing significant medical evidence to support their claim, including medical records from various types of physicians and health care professionals. Anytime you see a doctor about your conditions, it is important to let that doctor know how the condition impacts your ability to work.
- Prior denials. If you have been denied Social Security Disability benefits, do not restart a new application. Any applicant who fails to go through the official appeals process will likely see their claim be denied again.
- Income limitations. The Social Security Administration only approves disability benefits for those who are unable to work due to their conditions. In most situations, earning an income will be a disqualifying factor for benefits.
- Failure to follow treatment protocols. If a person applying for Social Security Disability benefits fails to follow a medical treatment plan or does not go to their scheduled doctor visit, this could result in a denial of benefits or a loss of benefits.
- Failure to cooperate with the SSA. If a Social Security Disability benefits applicant does not respond to requests for documentation from the SSA or fails to go to scheduled medical exams, this will likely result in a denial of benefits.
POTENTIAL CHANGES TO SOCIAL SECURITY DISABILITY REVIEWS
There are new rules proposed by the current presidential administration regarding those who receive Social Security Disability benefits. The rules that have been proposed would add more strict verification requirements for those already receiving disability benefits. These changes, if implemented, could affect tens of thousands of people.
Under the proposed system, those who receive disability benefits would be required to submit the following documents to the SSA in order to verify eligibility to continue receiving them:
- Income statements
- Medical records
- Living arrangement documentation
- Asset records
An SSA staff member would then review these documents and decide whether an individual should continue receiving their benefits. This process is called a Continuing Disability Review, and the frequency that a person would undergo this review will depend on the category of disability that they have been placed in.
- Those with a condition that the SSA deems likely to improve would undergo this review every two years.
- If the SSA deemed your condition to have a possibility of improvement, you would undergo this review every three years.
- Those with terminal or debilitating illnesses would undergo a review every five to seven years.
- Children who receive disability benefits would undergo a review of their benefits at the ages of six and 12.
Taking Action To Assert Your Claim
Our Van Nuys Social Security Disability attorneys know what it takes to win these cases. Call 818-812-5639 or 800-747-3447, or contact us online. You do not pay us any fees unless we obtain SSD benefits for you.
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