Veterans of the United States military may face many challenges upon returning from active duty. For example, physical and mental health concerns may affect their ability to maintain a job. Regardless of whether your impairment was the result of active duty service, the Social Security Disability Insurance (SSDI) program may provide necessary financial relief.
Unfortunately, obtaining disability compensation can be difficult. Not only must you demonstrate the severity of your disabling condition, but you must also meet strict work credit requirements. It is not unusual for former servicemembers to face denials on a first or even second application for benefits.
An SSDI denial lawyer from our firm can help you challenge the Social Security Administration’s (SSA) decision on your claim. One of our attorneys can help explain the reason for your denial and recommend next steps to keep your case moving forward.
These claims have two main components, and a failure to demonstrate either element will result in an SSDI denial from the SSA. Most denials are the result of a veteran’s inability to prove that a disabling condition eliminates their ability to work. Many former servicemembers find it difficult to accurately measure the extent of their impairments. As a result, an initial claim will likely result in an SSDI denial.
SSDI denials also commonly result from an insufficient work history. In general, workers earn one credit for every three months of employment. Disabled veterans must earn a total of 40 work credits, 20 of which must have been earned in the past ten years. The SSA make exceptions for this if the claimant is not old enough to have worked for that many years. An attorney from VetLaw’s team can provide more insight about the potential reasons for a former servicemember’s SSDI denial.
Regardless of the reason for a veteran’s SSDI denial, they always retain the right to request an appeal. From the date that a former servicemember receives notice of an SSDI denial from the SSA, they have 60 days to submit an appeal. While it may be possible to show cause for a late filing, if the 60-day time limit expires, a veteran may need to start fresh with a new claim.
Submitting an appeal keeps a case open and allows a veteran to submit new medical evidence as well as additional information concerning their past job duties and residual working abilities.
However, it is likely that an initial appeal will also result in an SSDI denial. Receiving a subsequent SSDI denial allows veterans to request a hearing before an Administrative Law Judge (ALJ). An ALJ is not bound by the same interpretive standards as SSA staff members, so a hearing is often a former servicemember’s best chance to receive disability compensation. One of our lawyers can help a veteran prepare for this hearing after they have received at least two SSDI denials.
If you have received a notice that your application for disability benefits has been denied, you have a limited time to protect your rights. Whether your SSDI denial is the result of a lack of medical evidence, insufficient work credits, or a combination of the two, you always have the ability to keep your case moving forward.
An SSDI denial lawyer can help you submit effective appeals and understand why your case met resistance in the first place. We can also help you gather additional medical evidence and complete every piece of paperwork that the SSA demands of you. Contact an SSDI denial lawyer immediately to submit an appeal as soon as possible.