Most Common Social Security Lawsuits

It’s a sad fact that more applications for Social Security benefits are rejected than accepted. More often than not, an applicant will have to face an initial rejection, then appeal, and then request a hearing. Even then, it’s not guaranteed that the application will be approved. Many people with legitimate disabilities have struggled for years to have their applications approved.

However, there are certain things that commonly cause an application to be rejected:

  • You’re able to work. While this is generally up to the Social Security Administration’s judgment and can vary from case to case, your disability must prevent you from working. A condition that is serious, but controlled with proper treatment or accommodations, won’t qualify you for Social Security benefits. A condition that only prevents you from certain duties will also be disqualified.
  • Your income is too high. You may have significant disabilities, but if you make over a certain amount, you won’t be considered eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). For SSI, you can also lose eligibility if your asset levels are considered too high (over $2000). Your spouse’s income can also disqualify you.
  • Your disability won’t last a year. A period of disability with a definite end date, such as recovery after breaking a bone or having surgery, won’t usually qualify you for Social Security benefits unless there are complications. However, terminal illnesses don’t need to last twelve months to qualify you.
  • You have a history of substance abuse. While the Social Security Administration won’t deny you benefits outright just because you drink or use recreational drugs, they can reject your claim if these behaviors are a key factor in your disability. If you have a documented history of substance abuse, it may be hard to tell what role it plays in your disability.

If you think any of these may apply to your claim, you may need a disability attorney with knowledge of how to navigate complex cases. Katherine has represented many people with disabilities who were denied benefits, and she can help you with your case. Contact our offices by phone, email, or text message for a free consultation!