Did you receive a notice of denial after you filed a disability claim in Louisiana? There may be valid reasons for the denial. Read on to find out why.
As a worker in Louisiana, there are two disability benefits programs that you may leverage in specific cases. They are the workers' compensation and social security disability benefits. While both require adequate medical evidence to receive, there are numerous differences between them too. Your Louisiana social security disability attorney will let you know which of them applies to your medical illnesses.
Usually, social security disability benefits are government disability insurance benefits that are only available to disabled workers. According to the law, you're disabled when you cannot perform any substantial gainful activity due to physical or mental impairments. In addition, such impairment should last for a minimum of 2 years or be life-threatening. If you think you're eligible for disability payments, you can send an online application to the Social Security Administration (SSA).
However, applying for social security disability benefits doesn't guarantee that the administration will approve your request. Over the years, many eligible people with disabilities have had their claims denied for various reasons. We'll discuss the possible reasons why the SSA rejects some applications for disability benefits in this article.
There are two types of social security disability benefits in Louisiana. They are the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). They have numerous similarities and differences. We'll discuss them below:
Social security disability insurance is for persons with disabilities and who have the required qualifying work credits. This type of disability benefit is available for both employees and their eligible family members. In Louisiana, you may qualify for Medicare after receiving SSDI for at least two years.
To be eligible for Social Security Disability Insurance, you must be insured. That is, you must have worked for a specific period of time, and recently too. You must also show that you consistently paid your required social security taxes as and when due.
The supplemental security income provides some monthly benefit for a disabled or blind child/adult with limited financial resources. In some cases, it's also available as retirement benefits for 65 years olds and older. In addition, you must be a US citizen residing in the country.
However, children whose parents are in military service and have a permanent duty abroad may be eligible for SSI. You can receive SSI while also getting social security disability benefits. The online disability application process for SSI differs according to the age of the insurance carrier. In some cases, beneficiaries can apply by visiting their local social security office.
Social security disability benefits and supplemental security income are similar in the following ways:
They are also different in the following ways:
If you think that you filed the correct application for your disability benefits, getting a denial notice may be shocking. However, sometimes, it takes a claim denial for you to see that your initial application wasn't perfect. That's especially if you filed one without help from an experienced lawyer.
In Louisiana, the Disability Determination Services, a state government agency, decides whether you meet the requirements for disability benefits. They do that by processes that may require initial determination and additional evidence or supplemental information. It mainly depends on the quality of information they can get from your medical documents.
They may deny your claims for these reasons:
One of the most common reasons for the denial of a claim is the lack of material evidence. That is, your medical records may not provide enough justification for a security disability benefit.
If you earn enough to cater to all your needs and then some conveniently, you may get a notice of denial. That's especially if you applied for SSI. The disability insurance program and SSI don't favor applicants that earn too much already. You'll need to provide evidence that you are a low-income earner.
The SSA doesn't cater to all kinds of disabilities. If your alleged disability or mental illness isn't fatal or wouldn't last long enough, you may get a claim denial.
Many applicants may try to get additional income through dubious means. The SSA can deny your claims based on that.
When applying for disability benefits, it's essential to include valid contact addresses. If the DDS cannot reach you or your claims representative, they can deny your claim.
From your birth certificate to your medical records, you must provide all the necessary documents for your disability evaluation. If the SSA requires a consultative examination, you must comply. Any refusal to cooperate with the SSA in any way may lead to claim denial.
If you feel that the DDS denied your claim unjustly, you can start an appeals process as soon as possible. To appeal a denial, you may have to go through these levels of appeal:
The first step after the DDS denies your claim is to appeal in writing to the Office of Hearing Operations. They will assign an administrative law judge to hear your appeal. At the hearing, they may ask you to provide additional documents and information about your case.
If the administrative law judge's hearing decision is unfavorable, you appeal to the SSA's appeals council. They'll decide on your case after a review.
If the appeals council denies your claim, your last option is a civil complaint at the federal district court.
Do you have a physical or mental impairment that may result in death or last at least a year? Is your medical condition logged in the SSA's list of impairments? Then you may be eligible for Louisiana's social security disability benefits. The program covers many medical conditions like chronic heart failure, spinal injuries, AIDS, and many more.
However, to ensure that the SSA accepts your initial claim, you'll need help from our social security disability attorneys. It's the same thing when you want to undergo an appeal process against a claim denial. Whatever stage you're in, the application for disability benefits is always a difficult process. Your attorney is the only professional who can guide you through it successfully.
That's why you must contact Wright and Gray as soon as possible. We always have your best interest at heart, and we'll secure your medical bills and other benefits in no time. Schedule a free consultation with us immediately.