When applying for social security disability or SSI, people think mainly of the reasons their request should be granted. However, applicants should also consider the reasons a claim may be denied. Some of these factors are beyond your control, but there are certain steps you can take to reduce your chances of denial.
Your Income is too High
For those who have paid into the system over the course of their working life, the most common reason for denial is an income above the SGA (substantial gainful activity) limit. This simply means that you make too much money to be considered fully disabled. The SGA threshold for a sighted individual is $1070/month, with the figure being adjusted annually. Anytime your income exceeds $800 per month, your benefit is reduced according to a complex formula. An attorney with Harold W. Conick & Associates, Ltd. can help you understand how the income rules apply to your case.
Your Disability is not Permanent
To get SSI or SSDI, the Social Security Administration must think that your disability will result in death or last a minimum of a year. However, blind people are exempt from this requirement. Many claims stemming from acute trauma are denied because the resulting disability is expected to last less than a year.
Your Disability is Self-Inflicted
The SSA denies benefits to those whose addictions contribute to their disability. The main factor the SSA’s medical consultants use is whether or not the disability would continue if the drug/alcohol use ceased.
Criminal Convictions
Some conditions related to conviction and incarceration prevent applicants from receiving benefits, such as:
1. Being in prison after a felony conviction, unless you’re in a rehab program with a short release date.
2. Being injured in the course of committing a crime, and being convicted. The impairment (or worsening thereof) cannot be used as a reason to apply for SSDI.
3. Being injured in prison. Injuries and worsening of impairments suffered while incarcerated cannot be used to get SSDI, but applicants can receive payments after release.
4. Commission of fraud. If you are dishonest in getting benefits, the SSA can terminate them and bring charges for fraud. If someone in the SSA helped you get benefits fraudulently, they can be terminated without notice.
The SSDI claims process is complex and you should not attempt it alone. It is best to hire a social security disability lawyer in Aurora to represent you in court.
