Have you recently had your Social Security disability (SSD) claim denied? Are you unsure if you should seek legal representation to appeal your SSD denial?
If you are unemployed or struggling to work due to serious health issues in the state of Tennessee, Social Security Disability benefits can be a crucial lifeline. They provide income and health insurance for eligible people in need. The Social Security Administration (SSA) manages two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs offer monthly disability benefits to those who meet specific medical criteria for approval. To strengthen your claim and demonstrate the severity of your condition, it’s crucial to provide solid medical evidence and supporting documentation.
The process of obtaining these benefits is lengthy and complex. During the initial claim review in Tennessee, approximately 38.4% of disability claims are approved, which aligns with the national average. If your claim is denied, you will receive a written notification outlining the reasons for the denial and the additional information required for approval. To pursue an appeal, also known as a request for reconsideration, you must meet the specified deadline. At the reconsideration stage, approximately 15.8% of claims are approved in Tennessee, surpassing the national average of 13.7% for this stage.
Disability Determination Services (DDS) makes decisions on disability claims. These decisions are based on medical records, ongoing disability reviews, medical and psychological evidence, and the applicant’s statement.
If your initial application for Social Security Disability (SSD) benefits has been denied, don’t lose hope in pursuing these crucial benefits. Our social disability security lawyers have comprehensive expertise in the SSD appeals process and are ready to offer valuable advice on your options.
At Burnett Law, we are committed to delivering exceptional support as you navigate the journey of obtaining SSD benefits. From the beginning of your claim, we will provide personalized consultations to understand your unique circumstances and remain closely engaged with you throughout your case. With our effective guidance, you are assured that your claim is in capable hands.
If your SSD claim has been denied, contact Burnett Law at 931-484-7549 for a free consultation.
Why Are SSD Claims Denied?
Initial denials of SSD claims happen due to the SSA’s requirement for additional medical evidence substantiating your disability. When you receive a denial notice, you must note that you have a limited 60-day window to initiate the appeals process.
At our firm, our team of Social Security Disability appeals attorneys collaborates closely with medical providers to ensure the acquisition and submission of comprehensive documentation and evidence to the SSA. By diligently working with trusted medical professionals, we strive to strengthen your case and provide the necessary support to increase the likelihood of a successful appeal.
Based on our extensive legal experience, we have identified various reasons why SSD claims are denied. Understanding the specific reason behind your denial is essential before proceeding with your appeal. This understanding will guide you in addressing the necessary factors to increase your chances of a successful appeal. Here are some of the most common reasons for SSD denial.
Lack of Basic Non-Medical Requirements:
One of the primary reasons for SSD claim denials is the absence or insufficiency of non-medical evidence. This is often known as technical SSD denial. SSA will not review your medical records if you don’t meet the basic eligibility requirement. You will get a technical denial if you earn above $1,090 monthly, which is above the substantial gainful activity limit, or if you don’t have enough work credits.
You may not get an SSA appointment if you don’t provide enough evidence of how much money you make monthly or every doctor you have visited.
Medical Condition Is Not Severe Enough:
Another common reason for denial is when the medical condition is not deemed severe enough to impede your ability to work for a year or longer or to result in death. If the SSA anticipates improvement in your medical condition within the next year or considers the condition not severe, your claim may be denied.
Even if the SSA acknowledges your medical problem, you may still face a denial. They might argue that your medical issue does not prevent you from performing any work that provides substantial and gainful employment. It is essential to remember that the SSA defines disability as the inability to engage in substantial, gainful employment. Their perspective is that disability benefits serve as a final safety net. While some people may not experience a permanent disability, the government encourages people to strive for recovery to engage in at least some gainful work.
Lack of Compliance with Medical Treatment:
The SSA expects claimants to pursue appropriate medical treatment and follow prescribed therapies to mitigate the effects of their disabilities. Failure to comply with medical treatment without valid reasons may lead to claim denials. The SSA may interpret non-compliance as indicating that the claimant’s condition is not severe enough to warrant disability benefits.
Other reasons include the following;
- The medical evidence for the existence of your condition is considered weak.
- You have not been disabled long enough.
- You haven’t cooperated fully with SSA.
You may also read: Common Mistakes When Applying for SSD (Social Security Disability)
Do I Need an Attorney for a Social Security Disability Appeal?
While there is no legal requirement to work with an SSD appeal lawyer. Statistics show that claimants seeking legal representation have higher success rates than those representing themselves.
When it comes to disability benefits, the stakes are high for individuals who rely on the income provided to support their households. Engaging the services of a skilled SSD lawyer in Tennessee can significantly improve your chances of approval during the appeals process.
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The Crucial Role of an Attorney in Navigating Social Security Disability in Tennessee
Our social disability security lawyers have the expertise to build a compelling case on your behalf. We understand which witnesses can strengthen your case and have a thorough knowledge of the Social Security Administration’s operations.
During the appeals stage, our social security disability appeal lawyers will assist you in several ways, including;
- Ensuring that you meet all the crucial deadlines for filing your appeal
- Preparing you for the questions that may be posed by the administrative law judge (ALJ)
- Providing additional medical evidence to support the key aspects of your case
- Handling all the necessary paperwork and communications with the SSA
Reconsiderations and appeals often involve complex and confusing processes. These include the completion of various forms and adherence to specific rules and regulations. Our attorneys can handle these crucial aspects, reducing your burden and giving you peace of mind.
Contact Burnett Law, A Tennessee Social Security Disability Lawyer
If you have been denied SSD benefits and are considering an appeal, contact an experienced Social Security disability lawyer in Tennessee. At Burnett Law, we specialize in helping clients throughout Tennessee, ensuring their cases are presented effectively and without errors. With over 26 years of legal experience helping the hurting, we understand the personal impact of being denied and are committed to supporting you. Contact us at 931-484-7549 to schedule a free consultation, where we can discuss your situation in detail and provide the support you need.
Disclaimer: The information contained in this blog or on this website is provided for informational purposes only, and should not be construed as legal advice on any specific subject matter. No person should act or refrain from acting due to any content included in the site without seeking legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the person’s state. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog or website.
