Disability benefits applications are rejected for a variety of reasons. One of these reasons is called a disability duration denial. Understanding what a disability duration denial is and why these types of denials happen may increase your chances of receiving benefits. You can also talk to a Pennsylvania disability attorney about filing an appeal if you feel like your disability benefits application was wrongfully denied.
A disability duration denial happens when your disability does not meet the duration definition of a disability as defined by the Social Security Administration (SSA). This definition states that the disability must last at least 12 months. If the disability has not lasted 12 months or is not expected to last 12 months, then disability benefits can be denied.
Disability benefits can also be denied if your doctor or other healthcare professional is unable to predict whether the disability will last 12 months. This can be frustrating when your disability is causing major problems right now. The only exception to these duration denials is if someone meets the criteria for blindness.
Even if your doctor or healthcare professional does believe the disability will last 12 months or longer, this decision is not final. Disability Determination Services is what will ultimately make the final decision on whether the disability is expected to last 12 months. The Disability Determination Services examiner often works with a medical consultant to help determine this.
If you have concerns about your eligibility for disability benefits due to not meeting the duration requirements, consider other options. Private disability benefits offer cash benefits for those with short-term disabilities that are expected to last under 12 months. You can also consult with a Pennsylvania disability lawyer to explore other options like filing an appeal if your application was wrongfully denied.
When it comes to filing a disability benefits appeal, you have four stages you can go through. The first stage is called reconsideration and provides the opportunity for a re-review of your disability claim. This is the best time to add additional evidence or documentation to strengthen your claim.
The next stage if reconsideration fails is setting up a hearing with an administrative law judge. You will be expected to defend your need for disability benefits. If the decision from this hearing is not in your favor, you can request a review by an appeals council.
An appeals council will choose whether to accept your request. If your request is accepted, then you will have the opportunity to defend your case to them. The final opportunity to change the outcome of your disability benefits application is a federal court review. Consider asking a lawyer for guidance with this process.
You may not have to give up if your disability benefits application was denied. Reach out to a Pennsylvania individual disability insurance lawyer if your disability benefits claim was denied. All you have to do is contact Edelstein Martin & Nelson by dialing (800) 300-0909 for a consultation today about your options. Our legal team can help you secure the disability benefits you need.