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Blog
Aug
17
2015

Is Denial Automatic? Our Maryland Disability Attorney Explains

Maryland Disability Attorney Doctor Discussing Medicine in His Clinic With a PatientLike many people, you may have been struggling for years with disabling physical or mental impairments, trying your best to keep your job despite all the obstacles you have faced. Ultimately, however, the realization comes that you cannot work any longer and you apply for Social Security Disability. If you’re like most, as high as 70 percent of first-time applicants, you have been denied benefits. While it may seem that the Social Security Administration has a policy of denial that forces you to appeal, that is not true. What is true, however, is that an experienced Maryland disability attorney can significantly improve your chances of winning an approval.

Avoid a Technical Denial

Most denials are the result of the SSA concluding an applicant was not medically disabled according to the SSA’s specific standards. However, every SSD application is first subjected to an eligibility review; if you do not meet these threshold requirements, you receive what a Maryland disability attorney characterizes as a technical denial, and your medical condition is not even evaluated. To be eligible for SSD benefits, you must have accumulated sufficient work credits. If you haven’t worked long enough or recently enough, you may not be eligible. Similarly, although the SSA’s definition of disabled does not mean you cannot earn any income, if you are earning too much you cannot receive disability benefits.

Provide the SSA with Complete Medical Data

You will be required to provide all of your relevant medical history, but there is more to this than allowing access to your records. Other than those applicants who are severely and obviously disabled, the information you provide the SSA with must be submitted in a way that presents your case for disability. For instance, having you doctor, especially your treating physician, note in your record how your impairments limit your activity both in your working capabilities and, importantly, in your daily life, is highly advantageous.

Appeal, Do Not Reapply

One positive factor regarding the SSD process is the appeal process that is in place. However, many applicants make the mistake of foregoing their right to appeal a negative decision and, instead, initiate a new application; this is a mistake. The best strategy for a denied applicant is to make it to the administrative hearing stage of the appeal process, which is reached after both a denial of an initial application and again on reconsideration. Statistically, chances of prevailing at the hearing are higher than 50 percent. Reapplying likely means a very high chance of denial.

Contact a Maryland Disability Attorney for Legal Advice

The SSD process is complicated, and the SSA’s rules must be followed precisely. Increase your chances of winning at any stage of the proceeding; call Disability Benefits, Inc., a Maryland disability attorney group, at  800-899-7040.

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