Chicago Disability Lawyers

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Passionate Chicago Disability Attorney

Receiving notice that your Social Security Disability Insurance application was denied creates a sinking feeling in your stomach. Without the financial benefits of SSDI, many families have trouble paying for everyday necessities.

If your application was denied, it is important to not give up. Keep in mind that the Social Security Administration denies or rejects the majority of initial applications filed. It is widely reported that up to 70 percent of initial applications are denied or rejected. Many applications are denied or rejected because the Social Security Administration requires very specific information in order to approve a claim. If your claim was denied, The Comerford Law Office can help increases your likelihood of success by helping compile the detailed information that is required for a successful claim. Attorney James Comerford is a knowledgeable social security disability attorney who has substantial experience in this area.

Common Reasons why Social Security Disability Claims are Denied

The Social Security Administration has very strict criteria that it uses to decide SSDI eligibility. Their goal is to determine whether the applicant is able to work. To make this determination, an examiner from the Social Security Administration reviews the applicant’s income, historical income, current and prior work history, medical condition, and medical documentation.

  1. Lack of Medical Evidence– One of the most common reasons that a Social Security Disability Insurance claim is denied because of insufficient medical evidence to support an individual’s claim. Sadly, many people who seek disability coverage do not see a doctor regularly for medical treatments. This leads to a lack of medical records and comments by medical professionals. Records and comments that document the nature of an applicant’s condition are important evidence the Social Security Administration uses it its review of a claim for disability insurance benefits. The more medical evidence a claimant can present for his or her disability, the more likely it is that his or her claim will be approved. If the examiner at the Social Security Administration needs more medical information to decide a case, he or she will ask the applicant to go to a consultative examination. This exam is conducted by a doctor hired by the Social Security Administration. It is much more beneficial to your case to have your own doctor’s records included in your application materials. Your doctor is more likely to keep more detailed records and notes about your condition and he or she knows your case well enough to advocate for your best interests. You should be your own advocate as well. During doctor’s appointments, it is important to discuss how your disability impacts your employment.
  2. Previous Denial – After being denied for the first time, disability applicants sometimes decided to start anew and file a second application. Applicants are then disappointed again when they receive another denial. When the examiner reviews this second claim and sees a prior recent claim on file, the examiner may deny the second claim. In most cases, if you receive a denial, the proper process to follow is to appeal your original claim, not to file a new one.
  3. Your income is too high– To qualify for SSDI, your income must be below the limit where it is considered “substantial gainful activity.” Though applicants are allowed to work when applying for and collecting disability coverage, their monthly income cannot exceed the monthly substantial gainful activity limit.
  4. Your disability is short-term –When reviewing an application for disability, the examiner must believe that your disability will last for at least 12 months. If the examiner does not believe that your injury or impairment is severe enough to last at least 12 months, he or she will deny your claim.

Talk To An Experienced Chicago Disability Attorney Today.

We offer a free consultation to our potential clients. You can reach us at 312.863.8572.

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