What to Do If Your Disability Claim Is Denied

At Empower Disability, we understand how frustrating and discouraging it can be to receive a denial after applying for disability benefits. You’ve already been through so much, and now you’re faced with more paperwork, stress, and uncertainty. The good news is that a denial isn’t the end of the road. Many people who are initially denied benefits go on to win them through the appeals process. We’re here to help guide you every step of the way.

Common Reasons for Denials

Disability claims can be denied for many reasons.

Some of the most common include:

Missing medical evidence
Incomplete application forms
The Social Security Administration determining that your condition isn’t severe enough or that you can still do some type of work.

It’s important to understand the reason for your denial so you can build a stronger case during your appeal.

How to Appeal

If your claim is denied, don’t panic and don’t start over with a new application. You have the right to appeal, and acting quickly is crucial.

The first step is to request a reconsideration within 60 days of receiving your denial letter. If that’s denied, too, you can request a hearing with an administrative law judge.

Each step of the process requires strong documentation and a clear explanation of how your disability affects your ability to work.

Want to learn more about appealing your claim? We explain it all here.

When to Seek Legal Help

The appeals process can be complex and overwhelming. Having experienced legal support can make a big difference. Our team can help gather evidence, prepare paperwork, and represent you at hearings.

Child or Family Member Denied for SSI Because You Make Too Much Money

Getting denied for Supplemental Security Income (SSI) cash benefits because you make too much money happens.

If your child is 17 or younger, your family’s countable resources must not be more than $2000. If they are older than 17, SSA only considers their countable resources. If they were denied because you make too much money, don’t panic; you have options.

What Are Countable Resources?

Countable resources are basically any assets that have a cash value or can be exchanged for cash value. This includes:

Cash: Money in hand, in checking or savings accounts, or investments like stocks, bonds, and mutual funds
Land: Real property that is not the applicant’s primary residence
Vehicles: A second vehicle, or a vehicle not used for transportation
Personal Property: Jewelry, collectibles, or other valuables
Cash Surrender Value or Life Insurance: If the policy has a cash value, that value may be considered a resource

What to Do When Denied for SSI Because of Income

Generally, to qualify after being denied based on your income level, you need to either spend or sell some of your resources or move them into a special bank account.

1. Transfer your money to an ABLE account: ABLE Accounts are special savings accounts for people with disabilities. Not everyone qualifies for an ABLE account, but they can be a great resource for families. The SSA does not count the money in ABLE Accounts towards your resource limit.

Transfer assets into a paycheck or a qualified “Special Needs Trust”: Special Needs Trusts allow you to transfer your excess resources and can be used for things like clothes, recreation, education, medical care, and more. However, it’s important to hire a qualified attorney to set these accounts up. There are strict requirements to be considered for a Special Needs Trust, from word choice to documents.

Sell or “spend down” resources: Finally, your last option is to reduce your countable resources by selling or spending them.

Contact Us at Empower Disability if You Need Legal Help with Your Disability Claim

If your disability claim has been denied, don’t give up. Our experienced attorneys in Metairie, Louisiana, have been helping people with their claims for over 20 years and are able to help you. Contact us at Empower Disability today for a consultation on your case by giving us a call or filling out the form on our website. We’re ready to help you fight for the benefits you deserve.

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