Social Security Disability benefits provide an important source of income for many Arkansas families with children who have special needs and require additional attention and care. The government program provides for cash benefits so that children who have conditions like ADD, ADHD, Crohn’s disease, and an array of other conditions can receive the support they need. In some cases, the additional support may be mainly medical in nature. However, in other cases, the support and care can also include funds to provide for a more structured and supportive learning environment for the child. In many cases absent the benefit provided by SSD, these children would not receive the level of support and care they require to fully develop their talents and abilities. Unfortunately, all too often, the legitimate needs of children are misunderstood and mischaracterized by representatives from the Social Security Administration.
For more than 20 years, Fayetteville AR disability lawyer Ken Kieklak has provided representation for Social Security Disability benefits in Benton County. If you have already received a notice of denial from the SSD, Ken can file an appeal. If an in-person hearing is necessary, Ken can explain what you should expect and provide his insights and guidance on how you should proceed. At Gunn, Kieklak, & Dennis, LLP, we are proud to provide high-quality SSD representation for hard-working parents in Arkansas who are trying to do what’s best for their child. To schedule a free and confidential consultation, call us at (479) 316-0438 today or contact us online.
Why Was my Child’s SSD Claim Denied?
Receiving a Social Security denial letter is often a painful event to experience for a parent. However, truth be told, it is highly likely for most people to receive a denial when first filing their application. The fact of the matter is that, outside of an an extremely serious or life-threatening condition, most people will be denied. However, that doesn’t mean that you are entirely foreclosed from receiving benefits. But first, it is important to understand the two general reasons why people have their claims denied.
The first reason why you child’s SSD claim may have been denied is known as a medical denial. This does not mean that your child isn’t suffering from a serious condition. Likewise, it doesn’t mean that the Social Security Administration is necessarily minimizing the effects of the condition or impairment your child has. Rather, in many cases, this is simply the Social Security Administration’s way of telling you that you did not provide adequate medical and other evidence showing the conditions severity and its effects on day to day life. Remember, the diagnosis of a condition or impairment alone is not sufficient to support a benefits award. Rather, the clinical diagnosis must be supported by objective medical and laboratory tests. Furthermore, evidence regarding the extent of difficulties created by the impairment or impairments must also be presented.
The other typical reason for an SSD denial is because the Social Security Administration believes that you may not be eligible under the terms of the program. This is known as a technical denial. Common grounds for a technical denial can include earning too much money. While these reasons do not apply for childhood claims since there is no work requirement, claims for benefits for adults are often denied because the applicant has failed to supply sufficient proof that he or she met this requirement.
What Can I do if I Received a Denial Letter?
If you have received a denial letter, you are entitled to several levels of appeal. However, if you simply file the same application without including new evidence, it is highly likely that you will receive subsequent denials. Therefore, it is essential that the applicant seeking benefits for his or her child obtains additional evidence that illustrates that the condition meets or equals a listed condition, the severity of the condition, and the effects the condition has on the child’s daily life and activities. If there was a technical reason for the denial, the parent should also conduct research and take steps to show why the reason for the technical denial is in error.
Contact an Experienced Arkansas SSD Attorney
For many parents who face the prospect of no benefits for their child due to an SSD denial letter, contacting an experienced Fayetteville social security attorney who can work to gather evidence and present a case is often a key difference. Furthermore, remember that the fee that can be charged by a Social Security representative is set in the Social Security regulations. Payment can only come from a percentage of the accrued back benefits. You will receive 100% of all prospective SSD benefits. To schedule a free and confidential consultation, call Gunn, Mason, Kieklak, & Dennis, LLP, today at (479) 316-0438 or online.
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