After several months of waiting to hear back from the Social Security Administration, a denial can feel crushing. You may wonder how you will meet your basic expenses. If your Social Security disability application was denied, don’t give up – you still have options and a chance of approval.
Appealing a denial could be easier with help from a disability attorney at George Sink, P.A. Injury Lawyers. Our South Carolina denied benefits lawyers could help you navigate every step involved in the appeal process, from reconsideration to review in federal court.
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If Your Social Security Disability Application Was Turned Down, We Could Help
Did you know that the Social Security Administration (SSA) denies a high percentage of all Social Security disability benefits applications? This means that it is not unusual if your first application was rejected – particularly if you had missing paperwork or other issues with documentation.
Many people who resubmit their applications for reconsideration receive an acceptance later on. If your application was turned down, we could help you understand your options.
Our attorneys can help you by:
- Reviewing your application to understand the reasons for your denial
- Helping you gather any supporting documentation as necessary
- Explaining the process involved with an appeal
- Representing you in a hearing or federal court
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Why Was My Claim For Disability Benefits Denied in South Carolina?
When you submit your claim for benefits, your application will go through multiple levels of review with the SSA.
First, local offices will check the basic details of your application, such as your personal information. Then, a state-level office in South Carolina known as the Disability Determination Services (DDS) will check your medical details to determine if you have a disability that qualifies for benefits.
The SSA may deny your claim for multiple reasons, either at the local office or DDS level. Here are some of the top reasons for denial:
Lack of Evidence Proving Your Disability
The basic requirement for a successful disability application entails showing that you are severely impaired—and impaired to the point that you cannot work. This requires submitting convincing medical evidence to the SSA.
The SSA may look at the medical evidence you provided and decide that you do not have a disability that prevents you from working. They may say that there is not sufficient evidence to prove that:
- You have a disability.
- Your disability started on the day that you claim.
- You cannot work because of your disability.
When you appeal your denial, you can submit new documentation to prove these elements, however.
Failure to Meet Income Requirements
One type of disability benefit, Supplemental Security Income (SSI), requires that you meet certain income requirements for eligibility. SSI offers cash assistance for people who need help with basic needs, such as housing costs.
The SSA can’t provide one figure that helps all applicants determine their eligibility, as your maximum income will be calculated based on where you live.
You should keep in mind that your income will be determined based on factors such as:
- Your monthly income from any employment
- Things you own, such as a bank account, stocks, or bonds
Failure to Get Medical Care
You must get medical care to document the progression of your injuries. Documentation showing that your injuries prevented you from working is also important. If the SSA finds that your medical records are incomplete and do not portray an inability to work, they may deny benefits.
For instance, let’s say you had a back injury on September 1. You went to the emergency room on the same day and received a doctor’s note that explained you could not work for one week.
Then, over the next two months, you could not work consistently for much of that period. However, you only went back to your doctor once and did not follow through on your doctors’ recommendation to get diagnostic testing or corrective surgery. The SSA may claim that you did not seek sufficient medical care for your injuries, and therefore, you did not have a disability for the length of time you are claiming.
Your Disability Isn’t Significant Enough
The SSA uses a handbook known as the Blue Book to decide if someone has a severely impairing disability. Your condition may be listed in the Blue Book, but the SSA may claim that you do not have a severe enough form of that condition.
If you need additional medical evidence to prove that your condition is severe, you could gather the necessary documentation.
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Steps Our South Carolina Attorneys Can Help You Complete to Appeal Your Denial
At George Sink, P.A. Injury Lawyers, we are happy to help our clients fight for the Social Security disability benefits that they deserve.
Our team can help you with all the stages of the appeal process, including:
- Reconsideration: Someone at the SSA who did not review your initial application will take a look at your resubmitted application, along with any new documentation.
- Hearing: If you are again denied benefits, we can request a hearing with an Administrative Law Judge (ALJ). They will either agree to hear your case or decline to do so, if they believe the findings of the SSA were in line with Social Security laws.
- Review: If the ALJ still denies your benefits, our team can proceed to the Appeals Council review.
- Federal Court review: Your case could make it to the Federal Court level. If necessary, our firm can take your case to court and represent you through all possible avenues.
Forms Required For a Reconsideration and Hearing
Your lawyer can help you file the following forms required by the SSA for reconsideration:
- Form SSA-3441-BK, Disability Report – Appeal
- Form SSA-827, Authorization to Disclose Information to SSA
- Form SSA-561-U2, Request for Reconsideration
Our team can also help you file a Form SSA-501, Request for Hearing by Administrative Law Judge to request a hearing. Let us help you with this process. We will advocate for your right to benefits and help ensure that your appeal process moves along smoothly.
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Reasons to Choose George Sink, P.A. Injury Lawyers When You Need Benefits
Over more than 40 years, our team has served more than 40,000 victims of injury and people with disabilities in South Carolina.¹ Our attorneys will fight for you when your benefits are denied.
When you work with our team, know that we will:
- Offer a free case review so you can learn more about how to appeal your benefits
- Work for you based on contingency, so you owe no fees upfront*
- Meet you in your home or a hospital if you cannot travel to us
Let us take care of the legal details so you can focus on your health.
Get a Free Case Review About Your Social Security Disability Benefits Today
Many applicants receive an initial denial for benefits, but you could still have options. Let our South Carolina lawyers fight to get you the benefits you need and deserve if you have become disabled.
Call George Sink, P.A. Injury Lawyers today so you can get a free consultation with a member of our Social Security disability legal team. Call or text (888) 612-7001 or complete a free case evaluation form.
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