What Should You Do If You Get a Disability Claim Denial?

by May 23, 2018General

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First of all, do not panic or give up. Although most first-time SSDI and SSI applicants get denied, many of these people later get approved on appeal. By understanding why your initial application was rejected and strengthening the areas of your application that the Social Security Administration (SSA) found deficient, you have a good chance of reversing their decision and winning benefits.

With a legal team on your side, you have a better chance of understanding and successfully appealing your social security denial. The Disability Advantage Group offers free case reviews, schedule one today by calling 1-865-566-0800.

Many First-Time Social Security Disability Applicants Get Denied

There are several reasons applications face denial. To begin with, many of the denied claims are, for lack of a better word, bogus. The SSA deals with claims filed by people who have no business seeking disability, so it should come as no surprise that these people receive swift denials.

Then some applicants have legitimate disabilities but are not fully disabled, which is a strict requirement to receive both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If the SSA believes an applicant is capable, despite their disability, of maintaining some gainful employment, it views the applicant as only partially disabled and likely declines their application. There are also specific denial reasons that mental illness disability claims.

And then lastly, you have the applicants who deserve benefits but fall through the cracks in one way or another and get denied in spite of meeting the SSA’s standards. Given the overwhelming volume of applications the SSA receives each month, mistakes are bound to happen. The good news is, you have more than one appeals stage at your disposal to convince the SSA to change its mind.

What to Do After You Receive Denial Letter

Upon receiving a denial of Social Security disability benefits, the first option available to you is an appeal known as a request for reconsideration. As its name indicates, the appeal involves filing a formal request that the SSA reconsider its decision to deny you benefits.

Request of Reconsider

The request for reconsideration lets you clarify and correct deficient, misleading, or erroneous information from your initial application that led to denial. To do this effectively, you need a thorough understanding of the denial. Ideally, you should sit down with an attorney to review your initial application and the SSA’s unfavorable response and formulate a plan to win on appeal.

Denial after a Request for Reconsideration

Following a denial of your request for reconsideration, you may file a subsequent appeal, this time to a decision-maker known as an Administrative Law Judge (ALJ). This stage of the appeals process does not involve filling out a form, attaching supporting evidence, and submitting it to the SSA for review. Instead, you get a live, face-to-face hearing with the ALJ at which you can make your case.

Of all the stages of the application and appeals process, Administrative Law Judge hearings result in the highest percentage of applicants receiving approvals. Even so, you want to make sure you show up at your hearing with a strong case to make on your behalf. If, for instance, your denial came from insufficient medical evidence to back up your statements, you should consult with your doctor to determine what additional documentation is available.

You are allowed to have an attorney present at your hearing. To give yourself the best chance of a positive outcome, you should consider working with a lawyer, preferably one who focuses on Social Security disability law and has a solid track record of winning benefits for clients at ALJ hearings.

Schedule a Free Social Security Disability Claim Evaluation Today

If an injury or illness prevents you from working and earning a living for your family, Social Security Disability Insurance and Supplemental Security Income can provide you with a monthly income that can help make up for what you are no longer able to earn from work. If your application gets denied, an attorney could help.

At the Disability Advantage Group, our attorneys offer a free review of your disability claim denial, at which we can answer your questions and provide insight on strengthening your claim. To set up a free case evaluation today, call our office at 1-865-566-0800.