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Will My Social Security Disability Claim Be Denied the First Time? Our Charlotte Disability Attorney Explains

| Feb 2, 2017 | Uncategorized |


Contact our Charlotte disability attorney by calling the Bridgman Law Offices at (888) 632-9912 and let us evaluate the potential of your disability case.

 Our Charlotte disability attorney realizes that many people believe this is true, and even though statistics vary across state lines. The truth is that about 30% of applicants are approved on the original application on average across the nation. However, this also means that 70% of all applicants are denied benefits on the initial filing. Many times this is due to a lack of corroborating medical documentation that proves the claimant is unable to work. Disability claims are actually claims that the applicant cannot maintain substantial gainful employment, or SGE, due to their medical issues. Even though a legal representative is not necessary when submitting the original claim, the Bridgman Law Offices can help you prepare your original filing according to the established rules of your state Disability Determinations Board. 

The Appeals Process

Novice applicants often make the mistake of submitting a second application after the initial claim denial instead of filing an appeal on the decision. The appeals process serves a purpose for the Social Security Administration, as all disability approvals are permanent rulings regarding applicant disability. A disability claim is a two-part process in the initial stage. The claim is assessed based on applicant ability to perform job responsibilities effectively enough to maintain substantial gainful employment, or SGE. Many times a claim is denied because the absence of proper agency documentation, such as the RFC, which the SSA uses in assessing disability. The Residual Functional Capacity Form contains all of the pertinent questions that are used to determine applicant ability to work and severity of disability. Our Charlotte disability attorney can craft your case in the appeals process with acceptable medical evidence according to the rules that are already set forth by the SSA. Never file a second disability application until the appeals process is exhausted.

Understanding the DLI

Every applicant is also assessed according to their Social Security tax receipts. Social Security Disability Insurance is only allowed when the applicant has 20 allowed credits on their deduction record in the past ten years worked. A credit is earned each quarter that the applicant has worked and earned above the allowable minimum, with a maximum of four credits per year. The result will be a determination of the “date last insured” and the total amount deducted will determine the financial benefit amount. Disabled applicants who do not qualify for SSDI will be awarded Supplemental Security Income (SSI), which is a needs-based safety net program that is awarded annually when the applicant’s disability is ongoing and has not improved to the point that they can return substantial gainful employment.

Contact a Charlotte Disability Attorney

Never let the notion that SSA will deny your first disability filing keep you from making that claim. Anyone in the Charlotte area who is facing filing a Social Security Disability claim should contact our Charlotte disability attorney by calling the Bridgman Law Offices at (888) 632-9912 and let us evaluate the potential of your disability case.

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