People get denied Social Security Benefits for many reasons. The following is a list of only a few examples of ways to get denied.

1. You make too much money. If you earn more than $940 a month, you will be denied SSDI outright. $940 is the limit to the amount of Substantial Gainful Activity (SGA) that can be performed.

2. Your disability will not last at least 12 months. If Social Security determines that your disability is not severe enough to last at least 12 months or result in your death, you will be denied.

3. You do not follow treatment prescribed by your doctor. If your doctor has prescribed treatment or therapy that is expected to improve your condition, you must follow it, or you will most likely be denied. A few exceptions to this rule do exist. A few of them are listed below.

You can not pay for treatment.
It is against your religious beliefs.
The doctor prescribes treatment that is not effective.
You have a mental illness that prevents you from following the prescribed treatment.

4. You do not comply with the SSA or DDS’s requests for information or medical records. Social Security will send you numerous forms and questionnaires to fill out that are meant to help them get a better idea of how your limitations affect your ability to work. DDS will also send you questionnaire’s and may even send you to a consultative exam (CE) to be evaluated by a doctor that they choose. If you are not forthcoming with requested information, or you fail to attend a CE, you can be denied.

5. Social Security is unable to locate you. If the SSA can not find you, they will be unable to assess the severity of your condition, and consequently, will deny your case.

As you can see, there are many potholes along the road to receiving disability benefits. A qualified attorney can help you navigate the tretcherous path to a successful claim. If you need assistance attaining the benefits you desreve, click here for a Free Social Security Disability Case Evaluation.

If a claim is denied at the reconsideration level, there is another opportunity to appeal the unfavorable decision. This appeal is called a request for a hearing before an administrative law judge (ALJ), and an individual has 60 days from the date on the denial letter (Notice of Reconsideration) to file it. After the 60-day statute, a claimant must submit “good cause” for filing late. The ALJ has the right to either reject or accept such a claim.

In order to file, one must submit the following forms to the SSA:

1. Request for Hearing by Administrative Law Judge (HA-501-U5)
2. Disability Report-Appeal (SSA-3441-BK)
3. Authorization for Source to Release Information to the Social Security Administration (SSA-827)

After the appeal is processed by the SSA, it will be forwarded to the Office of Disability Adjudication and Review, where it may undergo a pre-hearing case review to decide if a favorable decision can be made before a hearing is scheduled. If a favorable decision is made at this point, it is called a “Decision on the Record.” Generally however, the claim does proceed to the Hearing, which is scheduled many months later.

In the disability determination process, there are a series of steps that must be considered by DDS, the SSA, an ALJ, or the Federal Court, whichever is applicable at any particular stage. These steps, which make up the Sequential Evaluation Process, are used to determine whether or not an individual is entitled to Social Security Disability benefits. If at any point in the process, a person meets the criteria of one of the steps he is either awarded or adjudication moves to the next step, depending on which one he is currently at. Conversly, if he does not meet the criteria of even one of the steps, he is denied. The Sequential Evaluation Process proceeds in the following order:

Step 1: Is the claimant engaged in SGA (Substantial Gainful Activity)?

SGA refers to a certain amount of money that a person makes from working. In 2008, the SGA threshold is $940 per month for a non-blind individual and $1,570 per month for a blind individual. If one makes over $940 per month, then that individual will be denied at Step 1. However, if he makes $940 or less, the adjudicator will move on to Step 2.

Step 2: Is the impairment or combination of impairments severe?

The SSA considers an impairment or combination of impairments to be severe if it significantly affects an individual’s ability to work. That is, does it cause such severe physical or mental limitations that one is unable to work on a sustained basis. If your impairments are determined to be not severe, the SSA will deny your claim. If they are severe, then they proceed to Step 3.

Step 3: Does the claimant meet or equal a listing in the Listing of Impairments?

The Listing of Impairments contains impairments from every body system. If a person meets the criteria established in a particular listing, or if the impairments are equivalent in severity to one of the listings, than that individual is awarded. If a person does not meet or equal a listing, he is denied at Step 3.

Step 4: Can a claimant do his prior work?

If an individual can do his prior job the claim is denied, because the SSA assumes that the impairment must not be severe (as defined in Step 2). If he is unable to perform his prior work, adjudication continues to Step 5.

Step 5: Can a claimant do any other kind of work?

If an individual possesses skills that can be transferred to another job, possibly one that is less physically or mentally demanding, then he is denied. If it is deemed that the claimant does not possess transferable skills that would allow him to perform another job, he is awarded.

In order to be eligible to receive Supplemental Security Income (SSI), one must meet several requirements. One of these requirements is that he or she must have limited resources. By “limited” the Social Security Administration (SSA) means $2,000 or less for an individual, and $3,000 or less for a couple. All of the following are considered to be countable resources: cash, bank accounts, stocks, U.S. savings bonds, land, vehicles, personal property, life insurance, and anything else that can be converted into cash and used for food or shelter. In calculating an individual’s or couple’s resources, the SSA also exludes certain items or assets. They exclude the following: a person’s home and the land it is on, household goods and personal effects, wedding and engagement rings, burial spaces for a person or immediate family, one vehicle regardless of value (if used for transportation), as well as several other items.