Refuting The Reasons For Your Disability Claims Denial: What You Need To Gather And Give To Your Lawyer

If you have applied for disability several times, and all of your disability claims have been denied, you should speak with a disability attorney. He or she will uncover the reasons that you were denied (if your denial letters do not already stipulate why) and show you what you need to gather to refute the reasons for denial. Here is what you will need, based on some of the most common reasons for claims denial.

Not Enough Documentation

If you forgot to include certain documents or doctors that have treated you for your disabling condition, there is no way the disability insurance company can approve your claim. Many people assume, rather incorrectly, that the insurance company will collect all of the documentation it needs to make a decision on your claim. Instead, gather everything you have, no matter how seemingly trivial to your case, and include it with the next filing of your claim, appeal or lawsuit. This should refute the "not enough documentation" reason. 

You Are "Gainfully Employed"

Even if you are only working a couple hours a week and cannot work more, the insurance company may view this as "gainfully employed, and therefore not disabled." This reason puts incredible financial hardship on families who are already struggling because you cannot work as much as you wish you could. You may need to quit the part time work you currently have and/or produce all of your financial statements, pay stubs and other proof of assets or income so that you can show that your disability hampers your ability to work and that you are not "gainfully employed" enough to meet your financial needs. 

Your Injuries or Disabling Conditions Are Not Substantial Enough

Even when your injuries or disabling conditions are present on the list of accepted conditions for a disability claim, the insurance company may deny you based on the reason that you are not "disabled enough or your injuries are not substantial enough for disability filing." As frustrating as this reason is, your lawyer can disprove this with documentation filled out by your spouse or roommates and your medical files. If your disabling condition is psychological rather than physical, you will need even more documentation to prove that your mental and emotional state prevents you from working. (Diagnoses like PTSD and the successive sessions you have had with a therapist or psychiatrist are examples of the kind of proof you need).