Three Ways to Overcome a Denied Social Security Disability Claim

Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely, you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job. Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can alleviate some of these worries. Unfortunately, there is a significant chance that your application will be denied, even if you rightfully qualify for disability benefits.

With our expertise in Social Security Disability, Phillips and McCrea, PLLC can help all people filing for SSDI or SSI. We have written down three reasons for a denied SSDI or SSI claim and three ways to overcome them.

1. Failing to hire an attorney
Many clients attempted to file for disability on their own and without the assistance of an experienced attorney. In such cases, many people face the problem of understanding how the social security administration defines a disability and how to gather the necessary evidence to meet that definition.

An attorney will guide you through the process. They will help you gather medical records related to the condition that is preventing you from being able to work. It is important to present more than just a list of records about the condition. The evidence needs to identify the condition, the limitations as a result of the conditions, and how those limitations prevent that person from being able to work.

2. A diagnosis means that the social security administration will find them disabled
This is a mistaken belief. You will need to get statements from the medical providers that support the alleged limitations. The alleged limitations must be connected to the diagnosis and the direct cause of the inability to work. It is helpful for you to submit all forms provided by the administration while claims are pending and to attend examinations as requested by the social security administration at various times during the process. Those evaluations requested by the social security administration are used to determine the functional capacity of the claimant. Failure to attend those examinations can hamper the progress of the application and may be used to deny the case. It is important to fill out and return all documents sent out by the administration and attend examinations.

3. Thinking witnesses are not necessary
If you have been denied SSDI or SSI and are going through the appeals process, it’s important to have the best strategy for your appeal to be approved. A great way to add additional evidence to your case is by adding witness letters. It is recommended that the claimant gather additional witness statements from all persons familiar with the limitations they suffer from as a result of the diagnosed conditions. These are letters written by family members, friends, or coworkers and can have an impact on your SSDI or SSI hearing. Your witness must include contact information in the letter as well in case the judge needs to conduct a follow-up with your witness. This can be a phone number or an email.

If you are looking for family law and injury attorneys in Charlotte, NC, reach out to us at Phillips and McCrea, PLLC. We are a dynamic injury practice law firm dedicated to zealously representing our clients. Our personal injury and family law firm is committed to treating our clients with the utmost respect and providing them with the highest quality legal service.

We offer our attorney services for situations like social security disability, estate administration-probate, estate planning, family law, medical malpractice, personal injury, worker’s compensation, and wrongful death to clients across Charlotte, NC.

To learn more about the services we offer, please contact us.

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