Social Security Disability FAQ

Does the government really wrongfully deny people’s SSI and SSD claims?

Yes. The Social Security Administration denies more initial applications for benefits than it approves, including those from people who are rightfully owed benefits. If you’re thinking about filing for SSD or SSI, or if you’ve already had your claim denied, consider hiring an experienced attorney to give you the best chance of getting benefits.

Why are Social Security Disability claims denied?

Two common reasons for Social Security Disability claim denials include:

  • Inadequate medical documentation. Filing a successful SSD claim requires submitting medical records that demonstrate the nature, extent, and effects of your injury or disability. To collect benefits under SSD, these records can help prove that your injury or disability is severe enough that it will last at least a year. If you don’t have medical records to support your claim, it will almost certainly be denied.
  • Inadequate justification for not following a prescribed therapy plan. The SSA can deny benefits to individuals who fail to follow their doctors’ prescribed therapy plans. While some exceptions apply (such as not having the money you need to pay for treatment), it’s important to adequately explain any deviation from your prescribed therapy in order to avoid a wrongful denial.
How long does the SSA take to make a decision on a SSD claim?

As a general rule, most claimants who follow all of the necessary procedures and file all of the correct documentation typically get an answer within approximately three to five months. Once the SSA approves your application, you can start receiving payments in as little as 30 days.

If I receive a denial notice from the SSA, does this mean my claim is over?

No. If the SSA denies your claim, you can still seek to collect the benefits you’re entitled to by filing a formal appeal.

How long do I have to file my appeal?

If your SSD claim is denied, you have 60 days from the date of denial to file your appeal. This is a strict deadline. The sooner you file your appeal, the sooner your chances of collecting the benefits you deserve. Even if you lose your claim on appeal, you can still ask for another review. You have multiple opportunities to collect benefits, and the key to collecting maximum benefits as quickly as possible is to have the right to legal representation on your side.

How much will it cost to hire an attorney to assist with my claim?

When you choose Bottaro Law, you won’t pay any fees upfront. In fact, you won’t pay anything during your claim either. We handle Social Security claims on a contingency-fee basis, which means that you only pay if we help you secure government benefits. We also guarantee that your legal fees will not be higher than your benefits award.

How can I learn more about filing for SSD or SSI benefits in Massachusetts or Rhode Island?

You can review the Social Security Administration’s website. You can also contact Bottaro Law for a free, no-obligation consultation. Call us anytime at (401) 777-7777 for a free case review.

We’re Available 24/7!

Case Results

  • $1,500,000.00

    $1,500,000.00 Pre-Trial Settlement: Our client was a passenger in a ride share vehicle that slammed into a truck, causing life altering cervical fractures amongst other injuries. This case involved numerous experts and overcoming a challenging seat belt defense.

  • $1,200,000.00

    $1,200,000.00 Settlement: In this product liability case, our young client lost her eye due to a defective air bag. We acted fast to preserve the evidence and retain top experts who tested the vehicle. The result was settlement with national counsel for a major auto manufacturer.

  • $1,000,000.00

    $1,000,000.00 Pre-Trial Settlement: Our client was struck as a pedestrian by a commercial vehicle on a job site resulting in multiple fractures and emergency surgeries. We helped establish life altering pelvic fractures with a loss in earning capacity.

  • $660,000.00

    $660,000.00 Pre-Trial Motorcycle Crash Settlement: When the insurance company denied the claim outright ($0), Mike litigated this case through discovery, engaging renowned experts in the fields of accident reconstruction and physical medicine.

  • $600,000.00

    $600,000.00 Commercial Truck Crash Settlement: When a truck driver dropped steel beams form his load onto Rte. 10, the resulting crash caused our client to suffer multi-level disc injury resulting in emergency cervical surgery.

  • $650,000.00

    $650,000.00 Pre-Trial RI Slip and Fall Settlement: Regional market failed to correct a leaky roof and entranceway, causing our client to sustain a devestating knee injury. Mike litigated this case through discovery over the course of severla years.

  • $500,000.00

    $500,000.00 Rhode Island Nursing Home Abuse Pre-Trial Settlement: Insurer offers $0 pre-litigation. Mike litigates the case working with several experts to prove deviation in standard of care resulting in client who suffered amputations from complications after a nursing home injury.

  • $500,000.00

    $500,000.00 Massachusetts Wrongful Death Car Accident Policy Limit Settlement: The insurer originally denied the claim and had serious questions about whether the collision ultimately caused the death months later of an elderly gentleman.

  • $500,000.00

    $500,000.00 Policy Limit Settlement: In this homeowner policy limit insurance case, a handyman’s negligence cost our client his loss of eye. Our legal research on agency law carried the day.

  • $325,000.00

    $325,000.00 Settlement Following Arbitration: Our North Kingstown, RI client was injured in a bike accident, fracturing his patella and requiring emergency surgery. We worked with experts, including a life care planner to ensure our client received fair compensation.

  • $1,200,000.00

    Auto products liability case involving airbag deployment resulting in loss of vision in one eye and facial fractures.

  • $660,000.00

    A 61-year-old man underwent emergency surgery and a knee replacement procedure due to injuries sustained in a serious motorcycle accident.

  • $650,000.00

    A pre-trial settlement was reached for our client who suffered a knee injury requiring multiple surgeries.

  • $600,000.00

    Our client suffered multi-level disc injury when steel I-beams fell from a commercial truck on Route 10 resulting in multiple cervical surgeries.

  • $500,000.00

    Personal Injury Attorney Mike Bottaro helps client who suffered amputations from complications after a nursing home injury.

  • $500,000.00

    This case involved an elderly couple and their granddaughter who were injured after a car turned left in front of their vehicle. The injuries for the woman involved a fractured neck, broken ribs, and an eventual stroke. The man suffered from various injuries from which he never recovered, resulting in his untimely death.

  • $325,000.00

    This case involved deviations in the standard of care involving pressure ulcers resulting in death.

  • $325,000.00

    Our North Kingstown, RI, client was injured in a bike accident, fracturing his patella and requiring emergency surgery. We worked with experts, including a life care planner to ensure our client received fair compensation.

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