What Do You Do If Your Social Security Disability (SSD) Benefits are Denied?
If your initial claim for Social Security Disability (SSD) benefits is denied, you still have multiple ways to challenge that decision. You have the option of appealing the decision and the primary step is to request reconsideration.
Many people end up making the mistake that it is better to file a new SSD application than file a request for reconsideration on an existing claim. The most important part is to understand the application process for SSD to increase your chances of success.
What is the SSD Program?
Social Security Disability (SSD) is a program designed to provide financial support to those who are unable to work as a result of injury, illness, or any sort of disability. You may be eligible for monthly benefits based on your age, the number of years you have been working, and your expected date of retirement.
To qualify for SSD benefits, you must be employed for a long period enough to rightfully own the benefits. You must be diagnosed with a medical condition that prevents you from performing work activities and is classified under the SSA list of impairments.
What if your SSD claim is denied?
If the Social Security Administration (SSA) denied your SSD claim, you will likely need more assistance to streamline the appeals process. Our disability attorneys are standing by to review your case and help you understand options for appealing the SSA’s decision. We will help you fight for the disability benefits you rightfully deserve to take care of yourself and your family.
The appeal process involves 4 stages, which are as follows:
1.Reconsideration
If your application is denied and you want to receive SSD benefits, your best chance for success is to file for reconsideration with SSA. Most disability claims are denied during the initial review. Documentation is essential, so you must provide medical evidence that shows the severity of your case and supports your disability claim.
You can provide additional evidence, including records of recent medical examinations or treatment, and highlight evidence the authority has missed the first time around.
Take the help of a disability lawyer to gather supporting evidence and documents for your case that proves you are unable to work, and your description is accurate.
2.Hearing before an Administrative Law Judge
If Disability Determination Services (DDS) won’t change its mind, you can request a hearing with an Administrative Law Judge (ALJ). They will review the evidence and listen to your testimony. To request a hearing, you can use the online appeal system or send in a form HA-501.
3.Appeals Council
If an administrative law judge rules against you, the next step is to ask for a review by SSA’s appeals council. A panel of council members will look through the judge’s findings and evidence, as well as any information you wish to add. The council can uphold, alter or reverse the ALJ’s ruling or order a new hearing and issue another decision.
4.Federal Courts
This can be your last resort. If the Appeals Council turns you down, you can file a suit in U.S. District Court. The letter Social Security sends you includes information on how to take your case to court.
At each stage of the process, you generally have 60 days from the date of an adverse decision to request an appeal. Your chances of success are greatly increased with proper representation at your hearing by a disability attorney.
Getting Help for Your Disability Claim
Our entire legal team here at Chalk Law are dedicated to helping people get disability benefits they truly deserve and need. With years of experience and know how, we do more than just help our clients understand the law. We will find viable solutions and make the SSD claim process as easy as possible, so you have nothing to worry about.
We will guide you through every step. Call us for a free, no-obligation consultation today.