After an application for Social Security disability benefits is submitted, it is carefully scrutinized by the Social Security Administration. Unfortunately, there is a chance that the agency will review yours and decide that you are ineligible. Here are three of the most common reasons for denial and what you can do if denied.
One of the things the agency will look at is whether or not you are following the therapy recommended by your medical care provider. If you are not, the agency could deny your benefits. You are required to follow doctor's orders to receive benefits.
If you can prove that your situation meets certain criteria, whether or not you follow therapy recommendations might not have a bearing on your disability eligibility. Those criteria include a fear of surgery, an inability to complete therapy without physical aid from another, or a severe mental illness that inhibits your ability to completely comply with therapy orders.
For instance, if you are schizophrenic, you can point out that people with this disorder tend to be less likely to follow the prescribed medication regimen. You could still receive your benefits.
While completing your application, you must complete questions about your criminal background. Your background could possibly impact whether or not you receive benefits.
If your disability occurred as the result of criminal activity, you cannot receive benefits. You also cannot receive benefits if your injuries happened while you were incarcerated.
If your injuries were not the result of these situations, you should still be eligible for benefits. If you have been denied, you need to prove that your injuries still meet the requirements for disability benefits.
The Social Security Administration will deny your benefits if your disability is the result of substance abuse. Even if it is not and you are an addict, the agency will still deny your benefits. The thought is that the alcohol or drugs you are using are helping to make your condition worse.
If you are currently using drugs or alcohol, seek treatment. If you can show that you are working to stop the abusive behavior, the agency might approve your application.
The best way to overcome a denial is to work with your Social Security disability attorney. He or she will be most familiar with your situation and how to appeal a denial. Situations such as addiction can impact your claim, but luckily, your attorney can provide you with the help needed. This website can also give you more information about the disability benefits application.Share
3 December 2014
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!