How Do I File a Disability Claim?

How Do I File a Disability Claim?

Filing a disability claim should be an easy process that helps those who qualify for benefits receive them quickly and efficiently. However, applying for social security disability is an incredibly arduous process as nearly 70% of initial disability claims are denied. Though it should be noted that a denial does not mean that an individual is not disabled or not entitled to benefits.

If you are filing for disability for the first time or appealing a disability claim denial, an experienced disability lawyer in Hamilton can help you get all of your deserved benefits.

What is the Process of Filing for Disability?

The long process of filing for disability starts with filling out paperwork that is then sent to the DDS (Disability Determination Services). Once received, the DDS then reviews all of the documentation to initially determine if you qualify for disability status. The general questions that determine whether or not you can be considered disabled are:

  1. Are You Currently Working?
  2. What is the Severity of Your Condition?
  3. Does your Disability Appear on the Social Security Administration’s List of Qualifying Conditions?
  4. Are You Able to Perform the Same Work You Were Doing Previously?
  5. Are You Able to Perform Any Type of Work?

The answers to these questions are extremely important for your disability claim and inappropriate or incorrect answers may lead to a denial of benefits.

What are Some Reasons Why a Person May Have a Disability Claim Denied?

A few of the factors that lead to the decision to deny disability claims include:

  • Drug or Alcohol Related Disabilities. Disabilities that are a direct result of alcohol or drug use generally disqualify someone from being granted a disabled status.
  • The Presence of Criminal Charges. Certain criminal convictions may lead to a denial of benefits, depending on the details of the case.
  • Unwillingness to Cooperate. If the disability applicant is unwilling to provide the necessary medical documentation that shows the evidence of his or her disability, the claim may be denied.
  • Fraudulent Activity. Lying on the disability application will almost certainly lead to a denial of benefits.

How Can a Disability Lawyer Help Me File a Claim?

While it can seem like an easy process at first glance, you should be aware that the disability system is unforgiving and the SSA is looking for very specific criteria in order to classify a person disabled.

Because the process is so difficult, disability lawyers know exactly what is needed for correct completion of the disability application. Your lawyer will work with you from start to finish: ensuring that you meet all of the necessary deadlines, filing paperwork with all of the appropriate government bodies, and helping you with your appeal, should you be denied on your first application.

If you are applying for disability, appealing an initial rejection of your disability claim, or need any other help with the disability process, contact a qualified disability lawyer today to get the process started. They will be happy to help you get what you deserve.