To be able to collect disability from the SSA you must be unable to engage in substantial gainful activity (SGA). In other words, you are continuing to work, and your income is too high. The approved amount of monthly earnings depends on your disability. Benefits for blind persons is higher than those with other kinds of disabilities.
The SSA must determine that your impairment is severe enough that it will last at least 12 months or result in your death. If that determination is not made, you will not qualify for disability benefits. In addition, your medical condition is evaluated for the severity of limitations on your ability to function. An exception is made for blind SSI applicants.
Medical Records Assessment
To qualify for SSD benefits, you are required to provide access to your medical records to the SSA. This is an important part of obtaining assistance. Your medical records are evidence to support your claim. The SSA needs to review your medical records to verify the level of disability. In some situations, the SSA could recommend that you be examined by an SSA doctor at a consultative examination. If you refuse to cooperate with the SSA’s requests for access to medical information or your cooperation with the consultative exam, your disability claim may be denied.
Review of Compliance with Physician’s Treatment Orders
If you fail to follow the doctor’s prescribed therapies or medications, or miss follow-up appointments, your disability claim has a high probability of being denied. Your doctor will have difficulty determining whether your disability is keeping you from being able to perform your duties at work if you are not doing the therapies or taking the medicine that was prescribed to you. While there are some reasons that may be acceptable for not participating in the treatment such as lack of money to pay for treatment, severe mental illness, or conflicting recommendations for treatment, you need to show that you are seeing a specialist for your medical condition and working towards recovery so that you can get back to work.
Communication with the Social Security Administration
Maintaining communication with the SSA is critically important as you move through the disability claims process. The SSA may need more information about your disability if some information appears to be missing. You need to be available to answer questions, supply missing information, and keep your contact information up to date. If the SSA cannot reach you, they could deny your benefit claim.
Additional Causes for Denial
If you obtain disability benefits dishonestly, your benefits can be terminated, and you may be prosecuted for fraud. Your benefits may be terminated if someone working for the SSA fraudulently assisted you in getting those benefits. If you are unable to work due to alcoholism or addiction to drugs, the SSA will deny your claim for Social Security Disability benefits.
You may want to have a social security disability lawyer review your initial claim and subsequent denials from the SSA. An experienced lawyer can assist you with preparing the documentation needed to support your disability claim. Should your claim advance to the third round of reviews where you appear before an administrative law judge, having a local disability and benefits claims attorney lawyer is beneficial. The lawyer is familiar with the various ALJs and the court processes. They know how to prepare the defense of your claim to obtain a successful ruling in your favor.