When applying for SSI or Social Security Disability in Oak Lawn, most people have a list of reasons why their claims should be approved. However, most applicants could be better served by understanding the reasons their claim could be denied. Some reasons are beyond an applicant’s control, but in other cases, steps can be taken to avoid a denial.
Earned Income is too High
For Social Security Disability Income, the most common reason for claim denial is an income above the SGA (substantial gainful activity) threshold. If an applicant’s income exceeds that limit, they cannot be considered disabled. The SGA threshold for sighted people is $1040 per month, adjusted annually. Investment income does not count against the SGA limit; only work income is counted.
The Applicant Can’t be Located
To determine an applicant’s eligibility for benefits, the Disability Determination Service and the SSA need to be able to communicate. If one of these agencies cannot contact the applicant on case-critical matters or to schedule an examination, a claim can be denied. If the applicant names a representative, they may not have to contact the SSA, but they should always keep in touch with the representative or their lawyer. If an applicant relocates while their claim is being considered, they should provide the SSA with their new address.
Failing to get Therapy
If an applicant is under a doctor’s care, but does not follow the physician’s recommendations on therapy and medications, their claim for Social Security Disability in Oak Lawn can be denied. There are some legitimate reasons for failing to follow medical advice:
- Mental illness keeping the applicant from complying
- A debilitating fear of surgery (doctor confirmation required)
- A physical inability to follow a treatment plan without assistance (such as paralysis or blindness)
A claim for SSI or SSDI can be denied because the impairment was not sufficiently severe. If your claim has been denied for this reason, a lawyer can help you negotiate with the SSA. The information given here is very general in nature, and may not apply to your case. For help and advice specific to your situation, call Nash Disability Law today.