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Filing for SSDI or SSI is stressful enough. Having your claim denied can feel like a major blow, especially when you have a legit claim to those benefits and desperately need those funds. If you have been denied SSDI or SSI, it’s time to call Diane S. Hinman Attorney at Law. Our Social Security and disability lawyer can help you fight for the benefits that you deserve. Below, we have listed some reasons you may have been denied and options we can take to get your benefits.
Some applicants may be denied simply because they didn’t supply enough evidence of their disability. Documentation is key when it comes to your application. You will need strong proof that you are unable to work due to your disability. This requires recent, relevant documentation. It’s advised to have a comprehensive medical exam in the months before you apply so that you have that information available for SSDI and SSI to review.
SSDI is only available to those with a listed disability that also have a limited income. Anyone who works or who earns more than $1,260 per month as a single person will not be eligible. Having multiple assets will also factor into this. Our Social Security lawyer can help you determine if you do meet the criteria for SSDI or SSI.
Let’s say that your doctor suggested you for physical therapy or another treatment option to help with your disability so that you could eventually find employment. If you did not follow these suggestions and try the treatment/advice, you will be denied. The reviewer will see this as a case where employment was possible, but your failure to act is what kept you from being employed. In these situations, it’s imperative to prove that you cannot engage in this doctor’s advice, and seeking another doctor and having another examination may be necessary.
Many SSDI and SSI applications are denied simply because instructions weren’t followed or the process wasn’t followed correctly. Maybe you missed a doctor’s appointment for an exam. That would cause the reviewer to deny your claim. Any missing required documents such as your medical evaluations, work history, etc. will result in a denied claim.
When you receive a denied claim, the first thing you might be tempted to do is to just apply again. However, you should not do this. If you apply again right after receiving a denied claim, the reviewer will see that you have been previously denied and very likely will automatically deny your second claim.
The best option you have that we can assist with is to appeal the denial. You have 60 days from the date you received the letter to submit an appeal. Any submissions later than that will automatically lead to your right to appeal. Our firm can help you with the appeals process. Contact our office if you live in or around Buffalo, Amherst, Cheektowaga, Clarence, Lancaster, Niagara Falls, Orchard Park, West Seneca or Tonawanda, NY.
68 Marjann Terrace, Buffalo, NY 14223 | (716) 270-9539
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