A Detroit disability lawyer may help you with a denial for Social Security disability or changes in benefit amount or benefit termination. Denials are more common in the initial application process. Appealing the decision may result in overturning the denial and benefits being awarded. When claims for Social Security disability are denied or benefit amounts are changed, this may cause financial hardship for a disabled individual and his or her family. An attorney can review all the information in your case. He or she may also assess the explanation for benefit denial in the letter provided by the Social Security Administration. This evaluation might help you decide if an appeal for SSDI or a challenge to a loss of benefits is warranted. Many times, an appeal might have a positive outcome as opposed to the application. If the appeal is denied, subsequent appeals may be entered. Statistically, appeals are more likely to be successful.
Letter of Denial
After an application is filed along with accompanying documentation such as medical reports, the first indication that your request is denied is in a letter from the Social Security Administration explaining why the SSA felt you were ineligible. That explanation includes a description of your impairment and lists the medical records the administration reviewed to arrive at its decision. A Detroit disability lawyer may help you by reviewing the letter and requesting the file from the SSA. This file includes other information the SSA used to reach its decision, such as your age, work experience and education. An attorney may assist you in reviewing the file for errors. If mistakes are present, this information may be useful when appealing the decision.
Medical Questions Before Appealing
If your medical condition has changed or worsened since you first applied for Social Security disability, this is important information to share with your Detroit disability lawyer. He or she may advise you whether you may be considered disabled based on your current health situation. Sometimes, the SSA reaches a decision based on its belief you are not disabled, but that decision may be erroneous. This might be due to inaccurate medical information in your file or the lack of pertinent medical documents. If this is the case, a Detroit disability lawyer may help you obtain the medical files that should have been included when the administration first reviewed your file. These records can be resubmitted on appeal.
When the SSA decides on whether disability benefits should be granted, it considers your impairment based on the information it receives. The SSA uses a list of impairments compiled to assist the agency in determining whether you may be considered disabled. Each impairment has certain characteristics attached to it and, in order to be considered disabled, you must display such attributes. For instance, congestive heart failure has symptoms consistent with the disease. Often, such symptoms may restrict an individual’s ability to perform particular tasks. If you do not display symptoms associated with this disease in the list of impairments, you may be denied.
Longevity of Disability
The closer your disability matches the criteria, the better chance you will be approved for benefits. In addition, a short term disability disallows you for disability benefits. The disability you have must persist for 12 months to secure a disability status and become approved for benefits. The criteria used by SSA is frequently whether your impairment is permanent or can be improved by the use of medication or medical devices. For instance, an individual with impaired eyesight might be helped by using eyeglasses, while other eye conditions have no option for treatment, resulting in permanent loss of sight. A medical condition that can be improved might not be considered severe enough for that individual to receive SSA.
Age and Its Effect on SSDI
Your age is an important factor when applying for Social Security disability. However, the importance of your age in SSDI qualification is in inverse proportion to the severity of the disability. The greater the impairment, the less age matters when the SSA decides your case. Conversely, if your impairment is not severe, being older may help you obtain benefits that you otherwise would not qualify for if you were younger. A Detroit disability lawyer may provide insight into the way age affects the decision in both the applicant and appellant stage.
The Effect of Education
Your level of education may or may not be important, and an attorney may provide guidance in your particular case since all cases are different. For instance, if your completed level of schooling is high, the administration may decide that you would be able to obtain sedentary work despite your disability. There are times when your impairment is overwhelming and restricts you from doing any kind of work, including sedentary jobs.
Job experience may be a factor in your Social Security disability case. If you have a good deal of work experience, the SSA may believe that finding a job would not be difficult for you and deny SSDI. Conversely, if you have little work experience, they may use this to consider SSDI benefits.
Contact a Detroit Disability Lawyer
If you are considering appealing a denial for SSDI benefits or for termination or change in benefits, contacting attorney Marc J. Shefman at (248) 298-3003 may be beneficial. After reviewing your case, this Detroit disability lawyer may help you appeal the decision.