What Happens if My Social Security Disability Application Is Denied?

Imagine finally going through the lengthy and stressful process of applying for Social Security Disability benefits, only for your application to be denied. Getting a letter of denial can leave you feeling frustrated, defeated, and unsure of what went wrong and what to do next. If this is your situation, you should know that you are not alone. The Social Security Administration (SSA) estimates that approximately 67% of initial disability applications are denied.

If your application for Social Security Disability benefits was denied, the good news is that it may not necessarily be the end of the road for you. You have the right to appeal the decision. In fact, many applications finally get approved after the appeal process. Below, we discuss the steps involved in appealing a Social Security Disability denial.

Step #1: Understanding Why Your Claim Was Denied

The first step after your application for Social Security Disability benefits is denied is understanding why your application was rejected. Carefully review the denial letter from the SSA. Some common reasons for denials include;

• Insufficient evidence
• Not following the prescribed medical treatments or missing medical appointments
• Missing documentation or an incomplete application
• Earnings exceeding the Substantial Gainful Activity threshold

Understanding why your application was denied can help you and your attorney tackle any weaknesses in your case before you begin the appeal process.

Step #2: File a Request for Reconsideration

The SSA has four levels of appeal for claimants whose SSD applications are initially rejected. However, you may not have to go through all the appeal levels.

The first level of the appeal process is asking the SSA to reconsider its decision. You have a limited time after receiving a decision to submit a request for reconsideration. During this phase, a different SSA reviewer will assess your claim.

At this stage, it is vital to upload any supporting documents or evidence that can help strengthen your case. Providing supporting documentation and new evidence can increase your chances of getting an approval.

Step #3: Request a Hearing With a Judge

Next, you can request a hearing in front of an Administrative Law Judge (ALJ). You have 60 days after getting a reconsideration decision to make this request. Having a skilled attorney can really boost your chances at this stage.

Step #4: Appeals Council Review

If your claim is denied and you believe there was a legal or procedural error in your hearing, you can forward your case to the Social Security Appeals Council for review. After reviewing your case, the council may;

• Uphold the ALJ’s decision
• Reverse the decision and grant benefits
• Send the case back to the ALJ for the judge to review it further

Step #5: Filing a Lawsuit in Federal Court

The last level of the appeal process is filing a lawsuit in court. At this stage, a federal judge will review your case to see if the SSA made the right decision. This is a complicated process, and you will need legal representation.

Contact Us for Legal Help

If your Social Security Disability application has been denied, don’t give up. Speak to our skilled London and Southeast Kentucky social security disability attorneys at Cessna & George Law Firm today for help determining your next step.

Source:

ssa.gov/policy/docs/statcomps/di_asr/2020/sect04.html