How Can an Honest Disability Claim Be Denied? : Blog : Personal Injury & Auto Accident Attorney | Boteler, Finley & Wolfe - Mobile, AL

How Can an Honest Disability Claim Be Denied?

- By: Mark Wolfe Date : Jan 3, 2014

If you become unable to work due to a mental or physical health condition, you may be entitled to file a disability claim online or at your nearest Social Security Administration office. There's a tremendous amount of publicly available literature about the filing process, but ensuring that your honest disability claim is accepted might not be as easy as it sounds. We'll discuss why some honest claims are denied and offer some friendly advice about fighting for your right to disability insurance. What Are the Basic Criteria for a Legitimate Disability Claim? While claims for disability insurance are always evaluated on a case-by-case basis, there are a few key criteria that applicants are expected to meet. These usually include: •    An inability to perform Substantial Gainful Activity (SGA) or earn more than $1,040 per month at a regular job •    A qualifying medical condition that prevents reasonable work activity •    Doctor-prescribed restrictions on physical activity, including limitations on standing, lifting or walking •    An inability to fulfill the duties of the applicant's most recent job Why Some Claims Are Denied Honest disability claims can be denied for a variety of reasons. In far too many cases, applicants simply aren't aware that they have to file specific pieces of paperwork or meet specified deadlines. In others, they change residences and can't be reached by Social Security Administration employees. Other common reasons include: •    Past criminal convictions •    Missing or incomplete records •    Misunderstandings that result in a failure to meet therapy guidelines •    A disability that's determined to be temporary If your disability claim has been denied for any of these reasons, a trained legal professional can help you navigate the treacherous waters of the appeals process. How to Appeal Appealing a denied disability claim is much easier with proper representation. You'll need to inform the proper authorities of your desire to appeal within 60 days of receiving your denial. Additionally, you'll need to attend a special hearing and speak directly with a judge. If your initial appeal is denied, you can lodge another appeal with the state's Appeals Council or take the matter to federal court. Success Rates and the Benefits of Professional Representation In Alabama, just 30% of initial disability claims are approved. Upon appeal, approval rates roughly double. This underscores the importance of hiring a legal professional to guide you through the claims and appeals processes. Our team of disability insurance specialists knows the ins and outs of Alabama's confusing legal framework and is proud to fight for their clients' rights. For more information about contesting a denied disability claim or any of the other services that our Mobile, AL law firm offers, visit our homepage or call 866-975-7766.











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