You applied for Social Security disability benefits, but your claim was denied. What do you do now? You need to appeal the denial.
There are time limits within which you can file your appeal; as such, you only have a certain amount of time to file. You should contact J. Robert Surface, an experienced Social Security disability attorney, immediately to help you with your appeal.
Two Types of Denials
Generally, there are two types of denials. Most claims for disability benefits are denied for medical reasons (meaning, the Administration determines the disability or condition is not so severe as to prevent the claimant from working). The other type of denial is known as a “technical” denial. A technical denial is made for reasons other than medical ones.
Types of Technical Denials
The Social Security Administration can deny your claim for various reasons that are not related to the disability or medical issues that are the basis for your claim. For instance, if you are currently working and earn more than the “substantial gainful activity” limit, then you are by default not eligible for disability benefits and your claim would be denied. (In 2015, the “substantial gainful activity” limit for non-blind claimants was $1,090 per month and for blind claimants was $1,820 per month. For instance, if you are disabled because of a hand injury (non-blind), and you are currently working and earn over $1,090 per month, your claim may be denied). In addition, you must have worked long enough to be eligible for disability benefits. Generally, you must have worked between 5 and 10 years at a job that contributed into the system, and the number of years required for you will be based on your age. Also, your disability must have occurred prior to your Social Security insurance lapsing. In other words, if you haven’t worked in a significant amount of time, your Social Security coverage may have lapsed, and if the Social Security Administration determines that your disability occurred after coverage lapsed, then you are not eligible for benefits.
Time Limit to File Your Appeal
You only have sixty (60) days from the day you receive the letter from the Social Security Administration denying your claim to file your appeal.
Speak with a Disability Attorney Now
If your Social Security disability claim has been denied, you should contact an experienced disability lawyer immediately. Let J. Robert Surface, an attorney experienced in Social Security disability law, handle your appeal and fight for you to ensure you obtain the full benefits to which you are entitled.
Contact us now for a free consultation.