It is rare for anyone who has had an organ transplant to be denied a social security benefit but the continuation of benefits after the first 12 months after surgery is not guaranteed.
If you have not applied for a disability benefit for the first 12 months it is possible that your benefit application may not be approved.
This is when a residual functional capacity (RFC) assessment could be beneficial as it will support any medical assessment by your doctor and treating specialists if you decide to appeal a denied benefit application.
Who Can Appeal Denied Disability After an Organ Transplant
As stated above, it would be unlikely for anyone applying for a disability benefit after an organ transplant to be refused a benefit, at least for the first 12 months.
It is more common for SSA assessors to deny a benefit application while awaiting an organ transplant operation if they are not convinced that the failing organ prevents you from working normally.
You can appeal any denied benefit decision if you have evidence that your organ transplant operation is unlikely to allow you to return to work for the next 12 months at least.
How an Appeal Can be Successful
There are many complications with organ transplants. The surgery may not have been as successful as expected. The transplant may have gone ahead successfully but there may have been complications with anti rejection drugs usually used to prevent the body from rejecting the ‘foreign’ tissue.
A denied benefit application after the first 12 months after the operation or a continuation of the benefit may have to be appealed.
Usually, the SSA will review your condition and ability to return to work after 12 months and this is when a denied benefit decision is most likely.
The best advice if you need to lodge an appeal is to have a residual functional capacity (RFC) assessment as well as a medical assessment by a specialist to back up your appeal.
How to Use the RFC in an Appeal for a Denied Disability After an Organ Transplant
A residual functional capacity assessment can be made by your doctor. What tests are used depends on the specific organ that you have had transplanted and the effects that this could have had on your physical or mental state.
An RFC assessment uses a series of tests to demonstrate just what activities you are capable of doing effectively.
While not adding to any medical information applicable to your disability it helps to confirm whether you are able to return to work after an organ transplant or not.
File Your Appeal for Denied Disability After an Organ Transplant Promptly
There are strict time restrictions throughout the protracted appeal process. You must ask for reconsideration of your application or denied benefit decision within 60 days of receipt of the notification advising you of the decision. The sooner you lodge an appeal the better your chances of winning the appeal.
Get a Free Case Evaluation Today
You are advised to use a disability lawyer for legal representation if you decide to appeal a denied disability benefit. Start the appeals process now by filling out our Free Disability Evaluation.
