Insurance Disputes: The Denial of Disability Income
Every year, millions of people apply for disability income. Out of those millions of applicants, only about 30% are approved at the first level of the application process. There are many reasons as to why disability claims are denied and it’s important for anyone who is planning on applying for disability to know those reasons.
There are legal rights on the behalf of everyone applying for disability benefits and a denied application may mean you have every right to act on them. It all starts with finding out if you are both medically and financially eligible.
Disability Income Eligibility
In order to qualify for disability income, you must be completely eligible with all components of your eligibility reported with complete accuracy. Hiring a lawyer from the start of the application process is a great way to help you through the forms.
Your medical diagnosis must be severe or meet the requirements (which are quite strict) of the Social Security impairment listing. Working at any of your past jobs must be considered, through disability law, impossible for you. Your diagnosis must also make working at a less strenuous job impossible.
The eligibility for disability income takes your education into consideration, along with skill set and age. Financially, things could get a bit more complicated and this is where a good lawyer can help you through the legal aspects of disability.
If you earn a certain amount of income each month, which is referred to as substantial gain activity (or SGA), you are considered to be employed and will not be allowed to receive disability benefits. The SGA level has the potential to change from year to year and is currently set at $1,220/month for 2019. You may earn up to this amount and still be eligible for disability.
Reasons for Denial
A lawyer will gladly help you with any disability denial you are facing, whether it’s due to medical or financial reasons. You can expect your hired lawyer to ask for every piece of information required to legally complete the application for disability. Your lawyer will also tackle the denial from the best angles possible; this will likely include assistance from you, depending on the reason for denial.
Prior Denials: Starting a new claim is not always better than appealing a denied one, especially if you have a great disability lawyer! Use the appeals process to your benefit.
Medical Evidence: You must provide sufficient evidence proving your medical ailment has inhibited you from doing your job. For example, if you have debilitating back pain and you see your doctor 2 or 3 times a month, causing you to miss work, you must have detailed documentation from that doctor. Your lawyer will tell you exactly what you need.
Cooperation: Always cooperate during your application process. Incidents such as failure to report income, ignoring the treatment plan provided by your doctor and failure to show up for scheduled physical exams will deter the person working your case from approving your benefits.
No matter what the reason for denial, working with a knowledgeable lawyer who is well versed in disability claims, will fuel your case forward to success. Glenn, Mills, Fisher & Mahoney, P.A., have been helping victims of Disability Insurance denial for over thirty years. If an insurance company denies you Disability Insurance, please contact us immediately. The attorneys at GMFM will aggressively protect your rights. For a Free Case Evaluation, call us (919) 683-2135 today!