Nashville Social Security Disability Lawyer

If you are unable to work due to a physical injury or mental illness, you may be eligible to receive monthly Social Security Disability Insurance (SSDI) benefits. However, the process of filing for Social Security benefits can be complex and frustrating. The fact is, the majority of people are denied when they first apply for benefits without help from an attorney. 

If you have applied for Social Security benefits in Nashville, TN, and have been denied, don’t give up. You can appeal your claim if you don’t delay. You typically only have 60 days from the date of the denial to file an appeal. The Social Security Disability lawyers at Hughes & Coleman Injury Lawyers can help guide you through every step of your case.

If you are filing for Nashville Social Security benefits for the first time, or if you applied and were denied, a Nashville personal injury lawyer from our firm has the experience needed to get your claims approved. We have helped many clients in Nashville and throughout Tennessee to receive the SSDI benefits they deserve.

Contact us at 800-800-4600 or fill out an online evaluation form to schedule a free consultation with a member of our team.  

The Social Security Administration (SSA) is a government program that provides monthly payments and medical coverage to disabled US citizens who are unable to work. You may be eligible for Social Security benefits if you have been permanently injured in an accident, or if you suffer from a physical or mental illness that prevents you from working.  

In order to qualify for Social Security benefits, your medical condition or injury must meet the definition of “disability” under federal law. The governments’ definition of “disability” is strict and needs to be substantiated by medical records. 

Consider the following factors that determine eligibility:

• The inability to work: You don’t qualify for Social Security Disability just because you are unable to do the job you did before your injury or illness. You only qualify if you’re unable to hold any “gainful” employment, or if you cannot perform any other type of work to support yourself financially. 

• The duration of your injury: The Social Security Disability benefits program was created to aid those with long-term injuries. You should qualify if your disability has already lasted a year or more or if it is expected to last over a year. 

You can view the Social Security Administration website for a complete list of eligibility requirements. If you have questions or concerns about your Social Security Disability application or appeal, reach out to our Nashville personal injury lawyers today. 

Our compassionate and skilled Nashville Social Security Disability lawyers handle claims involving both physical and mental impairments. The following are some of the most common types of Nashville Social Security Disability claims:

• Back, neck, and spinal injuries: herniated disc, fractured vertebrae, pinched nerve, degenerative disc disease, etc.
• Autoimmune diseases: lupus, fibromyalgia, Lyme disease, chronic fatigue
• Mental illness: depressions, PTSD, bipolar, schizophrenia, panic attacks, etc.
• Cognitive impairments: traumatic brain injury (TBI), autism, ADHD, etc.
• Vision loss
• Hearing impairment
• Cancer
• Kidney disease
• Digestive system disease
• Diabetes
• Seizure disorders
• Growth impairments
• Heart or lung disease
• Blood and lymphatic disease
• Speech disorders

If your condition is not listed here, that doesn’t automatically mean that you don’t qualify for SSDI benefits. Some health diagnoses automatically qualify you to receive benefits, while others require further proof that your injury or illness prevents you from full-time employment. Age, level of education, and secondary medical conditions may also be a determining factor regarding your eligibility. A personal injury attorney can help identify other elements that may assist in your eligibility.

If your first application was denied by the Social Security Administration, don’t be alarmed. Around 60 percent of initial applicants are denied, so you are not alone. Fortunately, with the help of a knowledgeable disability attorney, many denials can be reversed. 

The following are some of the main reasons people are denied Social Security Disability benefits.

Insufficient medical proof

In order to qualify for Social Security benefits in Nashville, TN, you must provide medical records that prove your inability to work. Your doctor or primary care physician must specifically note in your file that your injury or illness prevents you from working. 

The Social Security Administration is looking for proof that:

• You have sought help from doctors for your pain or disability
• You have tried different medications and healthcare options to treat your injury
• Your disability has left you unable to work full time despite your best efforts

Your Social Security Disability insurance claim will be unsuccessful without solid medical evidence stating that your condition interferes with your ability to work. For this reason, it’s imperative that you openly discuss with your primary care physician how your injury or illness is impacting your work life. The medical records kept by your doctor could very well determine whether or not your claim is approved or denied. 

Failure to follow doctor’s treatment

You will most likely be denied Social Security benefits if you fail to follow the treatment prescribed by your physician. This is because the SSA examiner cannot accurately tell if your condition prevents you from working if you fail to comply with the treatment that is intended to help you improve. This may include taking prescribed medications, going to physical therapy, or speaking regularly to a mental health professional. 

There are exceptions granted to following prescribed medical treatment, such as:

• Your religious beliefs go against the prescribed treatment
• You are financially unable to pay for prescribed treatment or medication
• You receive differing opinions from various doctors regarding treatment
• You suffer from a serious mental health condition

If you have a valid reason for denying treatment that could enable you to return to work, you can state this during your appeal. Nevertheless, you will want to have an experienced Nashville Social Security Disability lawyer on your side presenting evidence and representing you. This will greatly improve your chances of success.

Failure to cooperate

Even if you are frustrated with the SSA application process, it is still in your best interest to cooperate with the SSA as well as you can. If the Social Security Administration office requests medical records or more information about your disability, make sure to comply with their requests in a timely manner. If you fail to comply accordingly, it will only be to your detriment as your claim will likely be denied. 

Refiling after a denial

If you run out of time to appeal, you may refile. Be aware, though, that many applicants who refile after being denied may be denied again. The person at the Social Security Administration office who reviews your application is going to see you have already applied and likely deny you for the same reason as before.

Instead of reapplying, you need to take the steps to appeal the denial. However, there is a tremendous amount of paperwork involved and it can be a long and complicated process. If something is filed incorrectly or late, your claim could be denied once more. It’s therefore highly recommended to hire a knowledgeable Nashville Social Security Disability attorney who can guide you through the steps of the appeal process. 

Failure to communicate

You could be denied benefits if you fail to communicate with the SSA office. The SSA needs to be able to contact you to discuss your application. If you move or change your phone number without updating your contact information, they won’t be able to communicate with you and will likely deny your claim.