Should I Continue Treatment After Receiving Disability Benefits?
Should I Continue Treatment After Receiving Disability Benefits?
August 15, 2022
How Exertional Capacity Can Determine Disability Benefits
How Exertional Capacity Can Determine Disability Benefits
August 29, 2022
Show all

What Are Disability Benefits Duration Denials?

What Are Disability Benefits Duration Denials?

Applying for disability benefits can be tedious, stressful work. The last thing you want to find out is that your application was denied based on a disability duration denial. There are options when this happens. One option is to file an appeal. Consider talking with a Philadelphia disability lawyer about how this process works.

Disability Duration Denials

The Social Security Administration (SSA) uses disability duration denials in the process of determining who is eligible for disability benefits. A disability duration denial happens when a disability is not expected to last longer than 12 months. One exception to this rule is disabilities that are expected to lead to an early death.

This is done because the SSA has specific criteria that need to be met in order for someone to receive disability benefits. While private disability insurance companies What Are Disability Benefits Duration Denials?may offer disability benefits for short-term disabilities, the SSA does not. The types of disabilities the SSA provides benefits for are long-term or lifelong disabilities.

Mild disabilities are often not covered by SSA disability benefits. Only severe disabilities that significantly interfere with a person’s ability to earn a basic income are considered. Part of what deems a disability severe is whether the disability will last at least 12 months or lead to premature death. Blindness is the only exception because blindness is not generally expected to improve.

Many people might be wondering how all of this will be determined and decided. The doctor diagnosing and evaluating you for a disability will play a major role. A subjective opinion from your doctor about how long your disability will be expected to last will be part of what the SSA goes off of.

The SSA will also base their decision regarding your disability duration on what the Disability Determination Services examiner and consultant decide. They will assess your disability benefits application and all the evidence you submitted to determine this.

Options if Your Disability Benefits Were Denied

You have legal options if you received a disability duration denial. There are at least four levels of disability benefits appeal you can go through. This starts with filing a request for a reconsideration form. What this does is tells the SSA you want your disability benefits application reexamined. Submitting additional evidence can help your case.

If this fails, you can take your appeal to a hearing by an administrative law judge. You may want to contact a Philadelphia disability lawyer to help strengthen your claim. A lawyer can represent you at the hearing. However, if this also fails, you can try requesting a review by the appeals council.

The last option is a federal court review. These federal district court reviews can be lengthy and overwhelming at times. An experienced lawyer can help make this process smoother.

Disability Attorney in Philadelphia

Do not give up if you received a disability duration denial. Reach out to a Philadelphia denied benefits appeal lawyer if your disability benefits were denied. Start by calling Edelstein & Nelson today at (800) 300-0909 for a consultation about your disability claim. Our dedicated team of attorneys might be able to help you obtain the disability benefits you need.