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December 22, 2016

Most Common Reasons for Disability Denial

Of the Florida applicants that file for Social Security disability benefits this year, only an estimated 27 percent will be approved. For those that appeal, only 9 percent will successfully earn benefits. Unfortunately, numerous cases of fraud and a disparaging proportion of able workers to disabled claimants make the application process an increasingly difficult and tiresome chore. Many rely on disability lawyers in Orlando, FL to help navigate the various complexities and frustrations of the application process.

Communication and Cooperation.

The greatest benefit to hiring a disability attorney in Orlando is having an expert to handle the burden of heavy paperwork involved in the application process. It is crucial that the SSA be able to contact and communicate with you regularly. If a single document is overlooked or an appointment is missed for any reason your entire case could be thrown out and dismissed
It is equally important to be entirely cooperative with the application process. An inability to share medical documents or provide prompt, accurate responses can be adequate cause for dismissal. Again, a professional representation can help avoid common communication mishaps and bring a level of ease to the process.

Failure to Provide Medical Evidence

It takes more than a doctor’s diagnosis to qualify for disability. You must be able to prove two key facts:

  • That your impairment is severe enough to prevent you from maintaining gainful employment
  • That your impairment will affect you for at least 12 months, if not the rest of your life

Proving both the severity and length of your condition requires substantial medical evidence. You will need to back your claims with a history of medical documents and detailed evaluations. In some cases, an additional and mandatory consultative exam may be requested.
Even if you do not have access to a primary physician, it is important to have consistent documentation of your disability. ER visits, free clinics, and prescription receipts can help. Many disability lawyers in Orlando can recommend clinics that use a sliding scale method for pay, so you can afford a necessary visit even on a low income.

Failure to Follow Doctor’s Orders

A common cause for SSI claims denial is any finding that you have failed to continue with prescribed medications and follow through on recommended treatment. The expectation is of course that you must be trying to achieve a healthy condition. However, exceptions can be made if you are simply unable to comply with doctor’s orders, due to mental illness, lack of assistance, or affordable treatment.
A case can also be made if another doctor disagrees with recommended treatment or if your treatment will not necessarily make you able to work again. There are numerous factors to consider with every disability, so guidance from a qualified disability attorney in Orlando can make an appreciable difference.

Failed Proof of Income

If you are able to earn more than $1,130 a month from working, then you are above the Social Security limit for Substantial Gainful Activity. Also, any discrepancies in reporting your income to Social Security can result in a denied claim. In fact, any prior history of fraud can count against you, even if the mistake was unintentional. Always be completely transparent of all your assets and ensure accurate reports.

Keep Trying

Disability lawyers in Orlando can provide a thorough review of your disability claim and recommend action after you have been denied. It is important not to give up immediately because in many cases it is a negligible oversight that causes your denial. If need be, obtain help, gather evidence, and try again.

Article by Charles Leo / Workers' Compensation Law

Call us today for a free consultation | (407) 839-1160
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Paul Gladieux AvatarPaul Gladieux
Mr. Leo has always been there for us. And and very informative and very professional, thank you.
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panamacitybeachbum Avatarpanamacitybeachbum
I'm Robert Daniels. In September, 2010 I injured my knee doing construction work. After surgery and physical therapy, I never regained full use of my knee. I found the Leo Trial Group and they represented me for a SSDI appeal. So glad I did. The bank would have foreclosed on our house and we'd have been living on the street without the help of my attorney. My attorney filed a motion and brief with the SSA to make a decision prior to waiting on a hearing. I was granted SSDI and words can't express what a great relief this was. Here it is March, 2023 and my family needs you again to help us with another SSDI matter. We will be reaching out to you next week. Thanks so much.
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Dennis Bannon AvatarDennis Bannon
Used attorney 10 yrs ago,did great job hired again
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About Charles Leo

A Cocoa Beach, Florida native, Charles Leo is the main shareholder in the Central Florida based firm Law Offices of Charles H. Leo, P.A. The firm focuses on representing accident victims in their claims against insurance companies for workplace injuries and auto accidents. His extensive trial experience has led to trials in most statewide Workers' Compensation courts. Mr Leo has handled complex appeals before the First District and is AV Rated by Martindale Hubbell.

Mr. Leo's free time is spend coaching or watching his children's sports activities, which include baseball, surfing & fishing.

Charles Leo's passion and commitment to helping Floridians led him to start his own firm in 1997. The Law Offices of Charles Leo, P.A. has helped thousands of Floridians since January of 1997, and is committed to trying to help each and every client fight for justice.

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