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If you’re applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you need to understand the challenges that exist throughout the process–including what to do if your Social Security Disability Insurance claim is denied.
For years, Social Security Disability Attorney Sam Earley has helped people just like you with their Social Security Disability benefits claims. Find out what to do if you are issued a denial, why it happens, and where you can look to for help.
Why Are Most Claims Denied for Social Security Disability Benefits?
The Social Security Administration (SSA) is a typical government bureaucracy that demands numerous details from you, yet fails to process those details correctly and does not operate efficiently. Consequently, an applicant may spend a great deal of time and effort preparing the paperwork and taking the proper steps, only to have their legitimate claim denied.
The most common reasons a claim could be rejected include:
- Insufficient medical evidence submitted
- A number of prior denials
- A failure to complete forms or send information that SSA has requested in a timely fashion
- Failure to follow treatment advice
- Failure to fully cooperate
Working with our experienced Social Security Disability Attorneys can prevent many of these common mistakes and increase your chances of a successful application or appeal.
Why Should You Appeal a Social Security Disability Denial?
Just because your application for Social Security Disability benefits was rejected does not mean you don’t qualify. Again, remember that Government bureaucracies do not operate efficiently and many legitimate claims are denied by the SSA.
These reasons may also stem from inadequate preparation or a failure to make necessary changes to the initial application. Working with our experienced Social Security Disability Lawyers can prevent many of these common mistakes and increase your chances of a successful application. Not only that, but our attorneys can help make an appeal that results in receiving the benefits you deserve.
How Do I Appeal My Denied Social Security Disability Benefits Claim?
There are four basic levels of appeal when your initial claim for SSDI or SSI has been denied. This applies to both benefit programs, since they follow the same process of appeal.
1. Reconsideration Of Your Disability Claim
This step involves a complete review of your claim by a new party that was not involved in your initial decision. They will review the entire case as well as any new evidence presented.
2. Hearing by an Administrative Law Judge
If you disagree with the decision made at the reconsideration stage, you may request a hearing by an administrative law judge. This formal hearing is often held via phone and will include:
- Testimony by medical and vocational witnesses
- Presentations of both existing and new evidence
- More specific information required by the judge
3. Review by the Appeals Council
If you disagree with the decision from your hearing before an administrative judge, you may request an Appeals Council Review of any decision or dismissal of your case by the Administrative Law Judge. This council looks at all requests for review but may refuse to review a previous decision they believe is correct. They may also refer the case to another administrative judge for a hearing.
4. Federal Court Review
If the Appeals Council chooses not to review your case or delivers another rejection, you may file a civil suit in Federal District Court.
Our SSDI attorneys are ready to help you both prepare and improve a revised claim to provide adequate information at each one of these levels.
What to Expect in an Social Security Disability Appeal Hearing
Your Social Security Disability Appeal Hearing is conducted before an Administrative Law Judge (ALJ). There may be medical or vocational witnesses to bear testimony to your disability and any factors about your employability.
Both you and your Social Security Disability attorney are expected to attend unless you are medically unable to do so. Many of these hearings are conducted by either phone or video teleconference, which increases the chance that you can attend even with a serious medical disability.
These hearings typically last around 30 minutes, but can vary depending on your case and legal representation. This is one of many ways the disability attorneys at Sam Earley can make a dramatic impact in the outcome of a case, as our lawyers come fully prepared with the facts of each case which are cataloged and easily accessible for the judge. This includes acquiring any necessary medical or vocational documentation in advance, along with helping clients or witnesses prepare for any testimony they’re expected to share.
A Disability Attorney Can Help You File Claims and Appeals
Due to the complexity of the application process, first-time applications for Social Security Disability may often be denied. Our experienced Social Security Disability Lawyers can help guide you through the appeals process to demonstrate that you satisfy the necessary requirements. This often includes gathering additional medical records or testimonies regarding your disability. Contact our office to schedule a free consultation today.
Experienced Social Security Disability Lawyers
Social Security Disability Attorney Sam Earley can help you pursue your claim vigorously throughout the various levels of appeal. We understand how you feel and what you need after working hard for years only to suffer a disabling injury or condition. Let us provide the support that you deserve as a United States citizen while we work hard to make a successful SSDI claim for you. Call today for your free consultation.
Contact Our Social Security Disability Attorneys Today
If you have a disability claim or your initial claim has been denied, call Disability Attorney Sam Earley at 770-881-7171 or complete our online contact form for a free consultation. We’ll provide personalized the service and care you deserve while fighting to maximize your benefits.