Practice Areas

Denied Claims

St. Louis Social Security Disability Lawyers for Your Denied Claim Appeal

While having your initial Social Security disability benefits claim denied can feel like a crushing blow, you can recover from it. In fact, the process is nowhere near finished. According to the National Organization of Social Security Claimants’ Representatives — a group made up of lawyers who represent people in a similar situation to yours — the Social Security Administration denied more than 65 percent of initial claims as recently as 2007.

At Crowe & Shanahan in St. Louis, we are dedicated to securing the benefits that injured and disabled workers in eastern Missouri and southern Illinois deserve. From your denial all the way through the appeals process, you can rely on us to provide you with the one-on-one representation you need from an experienced Social Security disability lawyer attorney focused on your case.

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Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two related but distinct types of benefits that the federal government pays to individuals whose age or disability prevents them from working. SSDI eligibility is based on an applicant’s work history, whereas SSI is not.

To be eligible for SSDI benefits, you must:

  • Have a disability that prevents you from working
  • Have worked and paid Social Security taxes for a specific number of years based on your age

To be eligible for SSI benefits, you must have little to no income of your own and either be disabled or aged 65 or older.

Claim Denials Are Common

There are strict eligibility criteria for both SSDI and SSI programs, and the Social Security Administration (SSA) tightly enforces them. Consequently, the vast majority of initial claims are denied. According to the SSA’s own data, only about 20% of initial claims filed between 2013 and 2022 were approved. Sixty-eight percent of all claims were denied in that period, meaning that about 12% have their claims approved on appeal. An experienced St. Louis claim denial attorney can have a major effect on whether an applicant whose initial claim is denied joins the 12% who eventually receive benefits or the two-thirds who do not.

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How SSDI Claims Get Denied

The Social Security Administration conducts the following five-step evaluation process for each claim it receives:

  1. Is the applicant engaged in a substantial gainful activity (that is, working for profit)? If the answer is no, proceed to the next step.
  2. Is the applicant’s impairment severe? If the answer is yes, proceed to the next step.
  3. Is the applicant’s impairment either included in the Listing of Impairments or comparable in severity to one that is? If the answer is yes, proceed to the next step.
  4. Can the applicant perform work they’ve done in the past? If the answer is no, proceed to the final step.
  5. Can the applicant perform any profitable work in the overall economy? If the answer is yes, the claim is denied.

Only when an applicant passes all five steps in the evaluation process will they be approved for benefits.

We are not a legal mill focused on churning out case after case. We take the time to understand the needs of our clients. Throughout the entire process, you will have access to your attorney.

We take the time to understand the needs of our clients. Throughout the entire process, you will have access to your attorney. To schedule a confidential appointment with one of our St. Louis denied disability claims attorneys to discuss your disability appeal, call us at 314-231-6660.

Denied SSDI/SSI Claims and the Disability Appeal Process

If your claim has been denied, you have the right to appeal the decision. The next step is called reconsideration. At reconsideration, your claim will again be reviewed by Social Security internally.  Your claim will have a high likelihood of being denied at this stage also.

The next step in the sequence is attending a hearing with the administrative law judge to discuss the merits of your claim. We will meet with you to make sure evidence is in order and you are prepared for this hearing. This will be the only time throughout the entire appeals process where you will be in the same room as someone with the power to accept or reject your claim.

Understanding the Social Security Disability Appeals Process

While having your initial Social Security disability benefits claim denied can feel like a crushing blow, you can recover from it. In fact, the process is nowhere near finished. According to the National Organization of Social Security Claimants’ Representatives — a group made up of lawyers who represent people in a similar situation to yours — the Social Security Administration denied more than 65 percent of initial claims as recently as 2007.

At Crowe & Shanahan in St. Louis, we are dedicated to securing the benefits that injured and disabled workers in eastern Missouri and southern Illinois deserve. From your denial all the way through the appeals process, you can rely on us to provide you with the one-on-one representation you need from an experienced Social Security disability lawyer focused on your case.

We are not a legal mill focused on churning out case after case. We take the time to understand the needs of our clients. Throughout the entire process, you will have access to your attorney. To schedule a free, confidential appointment with one of our St. Louis denied disability claims attorneys to discuss your disability appeal, call us at 314-300-7932.

How Our St. Louis Law Firm Could Help With Your SSDI Claim

A Social Security Disability lawyer in St. Louis can guide you through every stage of your claim. We can:

  • Prepare and file your initial application, ensuring it is error-free
  • Obtain medical evidence and other proof to support your claim and submit it to the SSA
  • Review your SSDI denial and help you build a stronger claim with additional evidence for your appeal
  • File your appeal according to the deadline
  • Guide you through the appeals process, including representing you during hearings if necessary
  • Provide you with focused, personalized representation

Our St. Louis disability claims appeals attorneys have over 30 years of legal experience and exclusively handle SSDI/SSI claims. Let us put those decades of insight to work on your behalf. 

Denied Claims FAQs

Below you’ll find the answers to some of our most frequently asked questions about SSDI claim denials in St. Louis.

How Does SSDI Define Disability?

The Social Security Administration (SSA) defines a disability as a medically determined physical or mental health disorder that is expected to result in death or prevent you from performing substantial gainful activity (SGA) for at least 12 months. 

The SSA sets an SGA limit annually. This limit is the amount of money you can earn from work each month. If you can earn the limit or more, you do not meet the definition of disability. 

The SSDI has 14 categories of ailments in its Listing of Impairments that automatically qualify an applicant for benefits if they are sufficiently severe. These categories are as follows: 

  1. Musculoskeletal disorders, such as major spine disorders, joint dysfunctions, and amputations
  2. Special senses and speech problems, such as blindness, hearing loss, and major speech disorders
  3. Respiratory disorders, including cystic fibrosis and chronic obstructive pulmonary disease (COPD)
  4. Cardiovascular system issues, such as chronic heart failure and congenital heart disease
  5. Digestive system problems, such as Crohn’s disease, ulcerative colitis, and cirrhosis
  6. Genitourinary disorders, such as chronic kidney disease or renal failure
  7. Hematological (blood) disorders, including sickle cell disease and chronic anemia
  8. Skin disorders, such as severe burns or chronic infections that don’t respond to treatment
  9. Endocrine disorders, including diabetes and thyroid disorders
  10. Congenital disorders affecting multiple body systems, like Down syndrome or Marfan syndrome
  11. Neurological disorders, such as multiple sclerosis, Parkinson’s disease, and severe traumatic brain injury
  12. Mental disorders, including schizophrenia, bipolar disorder, and severe depression
  13. Cancer and malignant neoplastic diseases
  14. Immune system disorders, such as AIDS and lupus

SSDI will also approve an applicant who has a condition that is not in its listing of impairments but has similar effects on their health and ability to work.

The SSA has strict guidelines for evaluating your medical condition and your income-earning potential. When applying for SSDI, supplying sufficient healthcare and financial documentation is key to a successful claim. Our law firm could help you gather the necessary information.

Why Do Most People Get Denied SSDI?

There are many reasons the majority of people get denied SSDI benefits the first time they apply. Common reasons for denial include:

  • Failure to meet the definition of disability – If the SSA does not believe your condition has or will last 12 months or longer, it will deny your claim. It could also deny you because it believes your condition is not severe enough to prevent you from working. 
  • Lack of medical evidence – Medical evidence is the basis of proving your disability. You need to provide as much documentation as you can with your initial application, including doctor’s notes, lab results, and diagnostic imaging. You must also give the SSA access to additional medical records it requests or submit to a consultative examination (CE) if asked. 
  • Failure to meet income requirements – If you make (or the SSA believes you could make) more than the SGA limit, you cannot receive SSDI. 
  • Lack of work credits – SSDI eligibility requires a certain number of earned work credits. You earn these credits by working and paying Social Security taxes. You do not need work credits to qualify for SSI. 
  • Failure to follow treatment orders – If you do not follow the recommendations of your doctor, the SSA could deny your claim or discontinue your benefits. 
  • Clerical errors – Simple clerical errors, like an incorrect numeral in an address or phone number, could prevent the SSA from locating you, resulting in a denial. 

Our law firm could use its SSDI/SSI experience to help you avoid mistakes that could cause a denied claim. We can also assist you if you believe the SSA has incorrectly terminated your benefits. 

What Can I Do if My SSDI Claim Is Denied?

If your SSDI claim is denied, do not reapply. Instead, file an appeal, which has a better chance at being approved than a new claim. Appealing may also allow you to preserve back pay for which you may be eligible. You must file your appeal within 60 days of receiving a notice of the denial. 

Ensure that you understand why the SSA denied your claim so that you can strengthen it. You may need additional medical evidence, proof of work history and earned work credits, or proof of how your condition limits your work capabilities.  

Protect Your Rights with a Skilled Disability Denial Lawyer

If you cannot work due to injury or disability, you need an experienced attorney to protect your rights. Choosing the right attorney can mean the difference between application acceptance and denial. Contact us today to discuss your case with a skilled attorney from our firm.

Our St. Louis disability attorneys at Crowe & Shanahan proudly serve clients throughout St. Louis County, St. Charles, Jefferson County in Missouri, and major areas in Southern Illinois including Belleville and East St. Louis.

Contact us today to discuss your case with a skilled disability denial lawyer from our firm.

Frequently Asked Questions: Navigating Denied SSD Claims

Receiving a denial letter from the Social Security Administration (SSA) is discouraging, but it is often just the beginning of the legal process. Here are answers to common questions regarding denied claims and the appeals process.

Don’t lose hope—the majority of initial applications are denied. The most important step is to act quickly. You typically have 60 days from the date you receive your denial letter to file an appeal. If you miss this deadline, you may have to start the entire process over from the beginning.

Claims are denied for a variety of reasons, including:

  • Lack of Medical Evidence: The SSA may feel your records don’t sufficiently prove the severity of your condition.
  • Earning Capacity: If you are currently working and earning above the “Substantial Gainful Activity” (SGA) limit.
  • Duration: Your disability is not expected to last at least 12 months.
  • Technical Errors: Missing documentation or incorrect information on application forms.

Reconsideration is the first level of appeal. A complete review of your claim is conducted by someone who was not involved in the initial decision. During this stage, we can submit new medical evidence that has become available since your initial filing.

If your claim is denied at the Reconsideration level, the next step is a hearing before an Administrative Law Judge (ALJ). While this is a formal legal proceeding, it is not like a criminal trial. It is often the best opportunity to present your case in person, explain your limitations, and have an attorney cross-examine vocational experts.

Yes. At Crowe & Shanahan, we work on a contingency fee basis. This means there are no upfront costs, and we only get paid if we successfully win your case and secure your back benefits. Our fees are typically regulated by the SSA and paid directly from your past-due benefits.

Navigating the SSA’s complex bureaucracy is difficult alone. We help by:

  • Ensuring all appeal deadlines are met.
  • Gathering and organizing critical medical records.
  • Developing legal arguments based on Social Security regulations.
  • Preparing you for testimony before a judge.
  • Questioning vocational and medical experts during hearings.

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Why Crowe & Shanahan?

A Trusted Guide
Throughout the Confusing Disability Benefit Process

We take pride in the strong professional and personal relationships we build with each client. You will meet with the attorney early on and that same attorney will be with you throughout the process.  You can rely on us to give you honest advice about your options because this is the right thing to do. 

As your advocates, we will remain by your side throughout the process, developing a strategy that fits your specific circumstances. Your legal and financial issues are unique, so we tailor our advice according to your situation. Many individuals and families have benefited from this legal approach.