Social Security Disability Claim Denied Here Are 5 Possible Reasons Why

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Social Security Disability Claim Denied? Here Are 5 Possible Reasons Why

If you have a disability that prevents you from working, the U.S. Social Security Disability Insurance (SSDI) program can be a source of economic support. SSDI is funded through payroll taxes, and people who are disabled are eligible provided they have enough “employment credits” in their previous employment history.

SSDI beneficiaries have to be 18 years old or older. The children and spouse of someone who is disabled and unable to work may be eligible to receive “auxiliary” benefits, which are partial.

Seventy Percent of SSDI Claims Are Denied

A whopping 70% of SSDI claims are denied. It is very important not to give up if you are denied! You can apply again with a much better chance of success. If your claim has been denied, contact Aronova & Associates. We can help you through the process, making sure you and your loved ones receive the benefits you rightly deserve.

If you’ve been asking “why was I denied Social Security disability payments?”, read on. Here are 5 reasons claims are commonly denied.

SSDI Denial Reason 1: Incomplete Paperwork

A surprising number of claims are denied because the paperwork is incomplete. Applying for SSDI can be lengthy and complicated, and can be somewhat confusing.

A lawyer from Aronova & Associations can review your paperwork and help you complete the process thoroughly.

SSDI Denial Reason 2: Insufficient Medical Evidence

To be approved for SSDI, you need to present medical evidence that your condition makes you unable to work. A doctor needs to examine you and document whether or not your condition renders you unable to work.

It’s very important to note that, even if you have seen a physician frequently for the condition, your claim may still be denied if the physician hasn’t specifically documented your disability vis-à-vis work, in writing.

You shouldn’t assume either that your doctor or the Social Security office will do this automatically. You need to discuss your ability to return to work with your doctor, and request that your physician document your condition for SSDI.

If you have doctor’s notes regarding time off work, excusing you from work, or advising you to follow a modified schedule, include them with your application. Be sure to keep copies.

Disability Denial Reason 3: Failure to Follow Treatment

When people have a debilitating injury or condition, doctors often prescribe a course of treatment. This could be medication, physical therapy, or an exercise regimen. If you have been prescribed a course of treatment but haven’t followed it, your SSDI is very likely to be denied.

Why? Because the examiner is actually not able to tell if you are unable to work without knowing how the injury responds to treatment.

If there is a specific reason you have not followed your doctor’s treatment, you can address it during the appeal process. It’s wise to have an attorney representing you if that is the case.

Disability Denial Reason 4: Your Income Is Too High

Sometimes people who are disabled and unable to work at their previous occupations can still work and earn a certain amount. The Social Security Administration (SSA) terms this type of work “substantial gainful activity,” and defines it as:

  1. Work that involves significant and productive duties, and
  2. Work in which people earn more than the allowed monthly income limit.

If people with disabilities have substantial gainful activity, the SSA may feel they can work, and thus deny their SSDI claim.

The substantial gainful activity figure usually changes each year. For 2018, it is $1,180 per month. It you are legally blind, it is $1,970 per month.

SSDI Denial Reason 5: Previous Denial

Yes, unbelievably, it is possible to be denied just because you were denied before.

People whose SSDI applications have been denied may try to file a new claim. It may seem like this is a smarter move than going through the appeal process.

However, it is better to go through the appeal process. A reviewer who sees a previous denial may deny a new claim.

NY Social Security Disability Lawyer

An SSDI denial when you are unable to work can be bewildering and frightening. Don’t face it alone. The Social Security disability insurance lawyers at Aronova & Associates have experience with SSDI clients in New York City and Long Island.

Don’t give up! A skilled NY social security disability lawyer at Aronova & Associates can assist you at any step of the process, whether you used a lawyer initially or not.

We will help you appeal and execute your claim. Call us today at (516) 640-3900.

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Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

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What Conditions Are Considered for Disability Claims in NY

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What Conditions Are Considered for Disability Claims in NY?

According to New York State data, roughly 60 percent of disability claims filed under the Social Security Disability and SSI disability programs are denied because applicants fail to meet criteria. In order to qualify for disability benefits in New York, claimants must prove that their physical or mental conditions will last at least 12 months. The condition or illness does not need to be occupation-related, but it must prevent claimants from performing their normal work duties.

The Social Security Administration has an official list of medical impairments – also called the “blue book”—that qualify New Yorkers for disability benefits under the Social Security System.

Medical Conditions that Qualify You for Disability Claims

The following medical conditions are included in the Blue Book list:

  • Immune system disorders — Disorders that result in chronic, multisystem impairments. These may include: rheumatoid arthritis, scleroderma, systemic lupus and HIV infection
  • Cancer/ Malignant Diseases — Includes all malignant neoplastic diseases such as leukemia, lymphoma, soft tissue sarcoma and myeloma, as well as cancer of various organs
  • Neurological Disorders — Impairments including epilepsy, Parkinson’s, muscular dystrophy, cerebral palsy, peripheral neuropathy and others that hamper mental and physical functioning
  • Hematological Disorders – Including Sickle Cell Disease, bone marrow failure and hemolytic anemias
  • Endocrine Disorders — Dysfunction of the pituitary, thyroid, parathyroid, adrenal, and pancreas.
  • Skin Disorders – Including bullous diseases, Ichthyosis, hidradenitis suppurativa, genetic photosensitivity disorders, burns and chronic infections of the epidermis.
  • Respiratory Disorders – Ailments that interfere with lung function, including asthma, cystic fibrosis, obstructive pulmonary disease and pneumoconiosis
  • Mental Disorders – Schizophrenia, Bipolar, Anxiety, Depression, obsessive-compulsive disorder, and trauma or stress-related disorders
  • Cardiovascular Impairments — Such as chronic heart failure, recurrent arrhythmias, ventricular dysfunction and chronic pain caused by myocardial ischemia
  • Disorders of the musculoskeletal system – Resulting from congenital or acquired pathologic processes. May include spinal injury, soft tissue injuries, fracture of the pelvis, femur, or other extremities.
  • Problems that Affect Senses/Speech – Hearing loss, blindness or partial loss of vision, and loss of speech
  • Digestive System Disorders — Disorders of the digestive tract such as gastrointestinal hemorrhage, hepatic dysfunction, short bowel syndrome, and inflammatory bowel disease.
  • Genitourinary Disorders — Ailments such as diabetic nephropathy, chronic obstructive uropathy, and hereditary nephropathies that can result in chronic kidney disease.
  • Congenital Disorders – Those that affect multiple body systems, such as non-mosaic Down Syndrome

New York residents may still be eligible for SSDI benefits even if their illness or condition is not on the “Listing of Impairments.”  As long as the condition is substantiated by medical and clinical reports and limits your residual functional capacity (RFC) thus impairing your ability to work, you may still qualify for disability benefits.

Benefits of experienced legal counsel in New York

Being represented by an experienced Social Security disability lawyer can substantially increase the chances of getting the benefits you need and deserve. Whether you have concerns about SSDI eligibility in NY, want expert assistance filing a claim, or appeal a denied application, you can rely on Aronova & Associates for effective support and guidance. For years, our attorneys have advocated for disabled individuals throughout New York City, Long Island and Nassau County. Call us today to schedule a free and confidential legal evaluation.

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Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

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How Long Can You Be on Disability in New York

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How Long Can You Be on Disability in New York?

Employees in New York have several options for financial help if they become disabled. One question that often arises is how long a claimant may receive disability payments. The answer depends on the type of disability benefit claimed.

Disability benefits are available under both the state workers’ compensation system and Social Security. The programs differ in what and who is covered, as well as how long an injured worker may remain on disability.

Temporary disability through NY worker’s compensation

When workers who are covered by the state workers’ compensation system experience and injury that causes disability, they may recover short-term disability benefits under their employers’ policies. Unlike many other states, short-term disability in New York may be paid whether the injury was work-related or not.

Worker’s compensation recipients may remain on disability for a maximum 26 weeks out of 52 consecutive weeks. There is a 7-day waiting period before benefits can begin.

Permanent disability through Social Security

For longer-term disabilities brought about by work injuries, Social Security Disability is an option. Compensation under this program depends on injury but not on the claimant’s income.

Once an application for Social Security disability is approved, the applicant may be able to receive the benefits until retirement age, when the payments become Social Security retirement payments. A few events can stop SSDI payments before then:

  • Income – if the recipient returns to work and earns more than $1,180 per month, benefits may stop. There are trial programs through which recipients may go back to work for an amount of time as a trial for readiness without losing the right to collect disability benefits.
  • Improved condition – If the medical condition improves to the point that the claimant is no longer considered disabled, benefits will end. To make this determination, SSDI recipients undergo periodic continuing disability reviews. These typically take place every few years but the exact period depends in part on the prognosis for the disability.

According to the Social Security Administration, applications for SSDI can take from 90-120 days but in reality the process often takes well over a year. On average, it takes about 8-10 months for processing of the initial application, with hearings for denials and appeals stretching the process for well over a year.

Bring your questions to a New York Social Security disability attorney

Aronova & Associates is here to help New Yorkers in and around Manhattan and Long Island collect the disability benefits that they need while they recover. If you believe you might be entitled to recover disability benefits, call us today to speak with an experienced NY SSDI lawyer about your case. Our initial consultations are always at no cost to you.

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Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

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Top 5 Reasons Work Social Security Disability Lawyer

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Top 5 Reasons to Work With a Social Security Disability Lawyer

The Social Security Disability Insurance (SSDI) program provides essential benefits to those who are unable to work because of a disability, but the application process can often be challenging. Complex eligibility requirements and confusing paperwork can overwhelm applicants and lead to denied claims. The Social Security disability lawyers at Aronova & Associates invite New Yorkers to contact us to have their SSDI questions answered. Working with a legal representative on your disability claim has a number of advantages, from making sure your documentation is complete, to ensuring that you receive all the benefits you are entitled to.

Here are 5 reasons to consider partnering with a skilled and experienced SSDI lawyer from our firm.

1. You will improve your chance of approval at the initial application level.

More than 60% of all applications for Social Security disability benefits are denied at the initial application level. One of the most common reasons for denial is that an application has missing or incomplete information. An SSDI lawyer will verify that your application has all of the information that the Administration needs to make the right decision.

2. Anticipate the 5-step process that the Administration uses to determine disability.

That process includes:

  1. Determining your financial eligibility for benefits
  2. Identifying whether your impairment is severe
  3. Identifying if you have a highly disabling or fatal impairment
  4. Examining if your disability precludes you from performing job tasks that you had previously performed
  5. Examining if your disability precludes you from performing any new job tasks that could be assigned to you

Your application can be denied at any one step of this 5-step process. An experienced lawyer at Aronova & Associates will draft your application to reduce chances of denial.

3. Get an earlier disability start date.

The onset date of your disability is based on the circumstances of your injury, your work history, your medical records, and other evidence. We can help you get the benefits you need at the earliest possible date.

4. You incur no out-of-pocket costs.

We do not accept any up-front fees when we work with you on your SSDI application. Instead, we receive a pre-arranged percentage of the money you are awarded, after your application is approved. If the Social Security Administration denies your claim, you will not owe us anything.

5. Meet all deadlines.

If you miss an application deadline, you may have to start the process over from the beginning, or even forfeit your right to benefits. As your legal representative, your attorney will relieve you of the stress of worrying about deadlines. We will will make sure that no “red tape” impedes you from getting the benefits you deserve, as soon as possible.

Discouraged by the SSDI process? Turn to Aronova & Associates

The SSDI attorneys at Aronova & Associates have helped clients throughout the five boroughs of NYC and Long Island to successfully complete and file applications for disability benefits. Call us today if you have any questions about our services, or any aspects of filing an SSD insurance application.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

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This field is for validation purposes and should be left unchanged.

Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.

Social Security Disability Insurance Changes 2018

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Social Security Disability Insurance Changes for 2018

The Social Security Disability lawyers at Aronova & Associates stay on top of all the latest changes to SSDI policy in New York so that our clients get the best opportunity to maximize their benefits. Social Security Disability Insurance applicants and benefits recipients will see several changes in 2018.

Cost of Living Adjustments Will Increase SSDI Maximum Payments

The 2018 cost of living adjustment (COLA) will increase benefits by 2%, which is the largest COLA increase since 2012. COLA increases typically track the Department of Labor’s Consumer Price Index (CPI). When inflation is low, as it has been for the past several years, the CPI changes only slightly, or not at all. The cumulative increase in the CPI over the past six years accounts for the 2% 2018 SSDI increase.

Single individuals receiving maximum federal benefits will see their payouts increase from $735 to $759 per month. Married couples will see a monthly increase from $1,103 to $1,125. In general, the average benefits paid to all disabled workers will grow from $1,173 to $1,197 per month.

SSDI Recipients Will Be Entitled to Receive More Income From Gainful Activity

The Social Security Administration limits the amount of income that a disabled worker may receive in exchange for any substantial gainful activity (SGA), without forfeiting disability benefits. The monthly SGA income limit has increased in 2018 by $10 for a non-blind person to $1,180, and by $20 for a blind person to $1,970. Further, a disabled person who returns to work on a trial basis, and in 2018 earns more than $850 per month, will not jeopardize his or her SSDI benefits. The Administration will not consider a trial work period to be proof of an ability to return to full-time work until the worker has performed services for nine months in a rolling 60-month period. Those nine months can be non-consecutive.

SSDI Exclusions for Students

In 2018, students under the age of 21 that regularly attend school can exclude up to $1,820 per month, with a maximum allowable annual exclusion of $7,350, from SSDI benefits. This enables students to retain a larger portion of those benefits, and will help many of them stay in school for additional education and training.

No Changes to Resource Limits

Social Security disability insurance is still a needs-based program. Individuals that own more than $2,000 in assets and couples that own more than $3,000 will begin to see their SSDI benefits decrease, as the Administration expects them to use more of their assets and resources to pay their expenses. These resource limits did not change in 2018. The administration  has a number of rules that it uses to determine what resources are considered against this limit, and which resources may be excluded. 

Aronova & Associates: Your SSDI Attorneys in New York

Our SSDI attorneys represent disabled workers in Manhattan, the five boroughs, and Nassau County, Long Island, to apply for and receive the Social Security Disability Income benefits they deserve when they are unable to work due to a debilitating injury.

The Social Security Administration receives thousands of applications for SSDI benefits every week. Give yourself the best chance at getting approved the first time by enlisting the help of a knowledgeable and helpful attorney at Aronova & Associates. Call today for a free consultation.

Contact Us

Ready to Work for You

Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client.  The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.

Name(Required)
This field is for validation purposes and should be left unchanged.

Disclaimer: The submission of our contact form does not form an attorney-client relationship. You may not rely upon this information as legal advice.