Being denied Social Security Disability benefits can be frustrating, but it’s not the end of the road. If your claim was recently denied, here are important steps to take to appeal the decision or reapply for Social Security Disability
Each year, more than two million people apply for Social Security Disability (SSD) benefits. However, approximately 70% of all applicants are initially denied. That means 1.4 million people receive denials from the Social Security Administration (SSA) when they submit their first SSD claim. So, if your SSD claim was recently denied, know that you are not alone. This happens to the majority of all applicants.
The SSA offers applicants two main options when a SSD claim is denied: reapply or appeal.
Reapply: If you have a new medical condition or have new medical evidence of how your condition affects you, you can reapply by filing a new application. However, this restarts the process from the beginning.
Appeal: If you believe your SSD claim was wrongfully denied, you have the ability to appeal the SSA’s decision. Appeals are intended for individuals who may have incorrectly filled out an application or failed to include important information. The appeals process has four stages:
Reconsideration (a review of the denial)
A hearing before an administrative law judge
Appeals Council review
Federal Council review
Note: Whether reapplying or appealing, you must submit a Request for Reconsideration within 60 days of the denial.
Below, we provide important information on how to reapply for SSD benefits or appeal a denied claim. While you can do this process on your own, it is highly recommended to consult an experienced Social Security Disability attorney to help with your reapplication or appeal. Applicants who hire a Social Security Disability attorney have a significantly higher chance of having their SSD claim approved.
Need help with a denied SSD claim? The Social Security Disability attorneys at Hoskins, Turco, Lloyd & Lloyd have decades of experience helping individuals get the benefits they need and deserve. Call us today for a free consultation at 866-930-6435.
7 steps to take if your SSD claim was denied
1. Understand why you were denied
The first step is to understand why your SSD claim was denied. Before deciding if you should reapply or appeal, carefully review the denial letter from the SSA. Common reasons for denial include insufficient medical evidence, failure to follow treatment, failure to include important documentation or errors in paperwork. When you know why your claim was denied, you can better prepare for your reapplication or appeal.
2. Submit your Request for Reconsideration
Once you receive your denial letter from the SSA, you have only 60 days to submit a Request for Reconsideration. During this process, a new reviewer will evaluate your application. However, within this 60-day window, we recommend contacting a Social Security Disability attorney who can review your denial letter and your application to help you understand what steps you should take.
3. Gather new or additional medical evidence
One of the most critical aspects of reapplying or appealing is providing updated and more comprehensive medical records. This includes doctor reports, test results, and statements that clearly show your disability and its impact on your ability to work. Again, a Social Security Disability attorney will be able to tell you exactly what you need and help you prepare the necessary documentation.
4. Make sure you meet all deadlines
The Social Security Disability process has strict deadlines. Missing a deadline, whether for an appeal or reapplication, could delay your case significantly. Always file the necessary paperwork on time.
Here are three critical deadlines you must follow:
Request for Reconsideration: Must be filed within 60 days of receiving the denial letter.
Request for a Hearing: If your reconsideration is denied, you have 60 days to request a hearing before an administrative law judge.
Appeals Council Review: If the hearing decision is unfavorable, you also have 60 days to request a review by the Appeals Council.
Failing to meet these deadlines can result in delays or subsequent denials.
5. Prepare for your hearing
If your reconsideration is denied, you can request a hearing before an administrative law judge. At this point, it’s especially helpful to have a Social Security Disability attorney who can argue your case, present medical evidence, and cross-examine witnesses.
6. Request review by the Appeals Council
If you do not receive a favorable decision during your hearing, you can ask for a review by the Appeals Council. You must do this within 60 days. At this stage, it is essential you work with a Social Security Disability attorney, as he or she will be able to represent you and argue your case.
7. Request review by the Federal Court
As a final and last step, you may file a lawsuit in federal court. You will need a Social Security Disability attorney to file the lawsuit on your behalf. If you must take your case to the Federal Court, having an attorney represent you increases your chance of approval by 40%. However, working with an attorney earlier in the process will decrease your chance of having to file a lawsuit.
Was your SSDI application denied?
Call 866-930-6435 for a free consultation with our Social Security Disability attorneys.
If Social Security Disability claim was denied, it’s important to remember that this is not the end of the road. Many applicants go on to successfully appeal their denial and receive the benefits they deserve.
At Hoskins, Turco, Lloyd & Lloyd, our Social Security Disability lawyers have successfully appealed hundreds of denied Social Security Disability claims. We know how important it is to get government benefits as soon as possible. That’s why we will handle the appeal process for you and fight to ensure you get the compensation you need and deserve.
Speak with one of our Social Security Disability attorneys today. Call 866-930-6435 now.
The Social Security Administration (SSA) is implementing significant changes to its disability evaluation process effective June 2024. These updates aim