What Disqualifies a Person from Disability?
When someone has suffered an injury or illness which renders them incapable of working, they may consider applying for disability. However, many people are unaware of what disqualifies a person from disability payments.
What Disqualifies you from Disability?
One way you can learn about what disqualifies you from a disability is to contact an experienced disability lawyer at Leavitt & Meunier Law, who can help you navigate the disability system. We can schedule a consultation and help you understand the signs that you will be denied for disability.
Who is Eligible for Disability?
To understand what disqualifies you from disability payments, it is important to understand what SSDI deems a disabling condition. Some of the factors which will be taken into consideration include:
Limitations on activity — the illness or injury must be sufficient to prevent you from participating in normal work activities.
Time frame of disability — if a disability is expected to last less than 12 months or is not terminal, it could be what disqualifies you from receiving disability.
Qualified impairment — the illness or injury must be listed in the Social Security Administration's (SSA) list of impairments. Failure to show this could be what disqualifies a person from disability approval.
Prevents work — one sign that you will be denied for disability is that you have skills transferable to another line of work that can be performed despite your illness or injury.
These are some of the reasons why it is important to make sure that you have spoken with a skilled disability attorney before you file an application for SSDI.
What is Considered a Disability?
You may be considered disabled if you have a mental or physical condition that prevents you from engaging in meaningful employment. To qualify for SSDI, you must provide documents from a medical professional to prove that you have a qualifying disability. Some of the documentation you may be required to submit includes medical records, treatment notes, and a narrative containing information regarding the severity of the disability and a prognosis.
Remember that a disability lawyer can help you navigate the application fee and ensure that the proper documentation is submitted initially. This one step can prevent unnecessary delays or denial of a claim. An attorney can also explain what disqualifies a person from disability so they do not waste time filing claims that are certain to be denied.
What Are Some Reasons My Disability Claim Was Denied?
There are some common reasons a disability claim is denied. If this happens, you may have the ability to appeal the decision and get help refiling your claim. Some of the reasons for denial may include:
Lack of medical documentation — your medical records should include a statement from your physician that indicates that you are unable to return to work.
A prior denial — instead of filing an appeal, someone who has had their application denied may simply file a new application. In most cases, the second application will also be denied.
Earnings issues — if someone is working part-time during a disability, they may be able to work full-time. Earnings can make an applicant ineligible for SSDI because it demonstrates an ability to work.
Failure to follow medical advice — if someone is being treated by a doctor and has ignored their advice, then it is possible that their SSDI may be discontinued or denied.
Lack of cooperation — the SSA will require an applicant to provide certain information. Should their requests be ignored, chances are high that they will be unable to collect disability funds.
The best way to avoid running afoul of the SSDI system and benefits is to consult with an attorney who focuses their practice on helping those who are disabled with the application and approval process.
Get the Representation You Deserve with Leavitt & Meunier Law LLC
It can come as a shock when SSDI benefits are denied. There are a number of reasons why someone might not qualify or lose their SSDI. We can help you with your claim, even if denied. We are conveniently located in Metairie, Louisiana, and we are happy to help you navigate the application process for SSDI. Please contact us or use our convenient contact form.