You thought the worst had already happened to you when you experienced a debilitating injury that dried up your family's income, lowered your quality of life, and required you to pay massive hospital bills. But now, something potentially worse has happened - the Social Security Administration (SSA) has just denied your disability claim, and you have no idea of what to do now.
If you're in this boat, you're not alone. The SSA denies nearly 65% of initial claims. But if your Social Security disability claim was denied, you have options, including appealing the decision to request another hearing.
Below, we'll explain why your claim might have been denied, explore your options moving forward, and show you how to make the best possible argument at your appeal so you can get the disability payments you need to heal.
Why Was Your Claim Denied?
To make a stronger case at your appeal, you need to understand why your previous disability claim was denied. The denial notice you receive from the SSA should explain some of the rationale behind the denial, but the most common reasons applicants lose their initial claim include:
- The SSA didn't believe you had enough medical evidence to support your disability claim.
- The SSA believes you have enough money in the bank or make enough supplemental income to support yourself until you recover.
- Medical records suggest you'll be able to go back to work in under a year.
- You didn't follow your doctor's medical advice, take your medications, or go to physical therapy.
- Your injury was caused by alcohol or illegal drug use.
- You incurred your injury while committing a felony.
Your claim can also be denied if the SSA can't reach you to ask questions. For instance, if you provided outdated contact information, the SSA can deny your claim.
What Should You Do Next?
If your claim was denied, don't begin the application process all over again, and don't give up hope, either. The SSA allows you to appeal the decision, present new evidence, and make another case for your disability claim.
For instance, if the SSA rejected your claim because of medical reasons, talk to your doctor. Their office may not have sent the correct paperwork to the SSA, or perhaps the doctor needs to compile more robust documentation to pass along to the SSA so they get a more thorough picture of your disability.
Bear in mind that you have to request an appeal within 60 days of hearing back from the SSA about your initial claim. After 60 days, the SSA won't reconsider your case, even if you have perfectly valid reasons to appeal.
How Can You Request an Appeal?
The SSA makes it easy for you to request an appeal online. You can also visit the SSA website to print off hard copies of appeals claims to mail in. A lawyer can help you find the correct forms, fill them out correctly, and send them off in the correct timeframe.
What If Your Appeal Is Denied?
There are four levels of appeal in the SSA's system. If your request for reconsideration is denied, you can request an administrative law judge hearing, then an appeals council review, and finally a federal court hearing.
How Can a Lawyer Help?
If your earlier claim was denied, it's time to seek expert help. A lawyer can help you understand why your claim was denied and work with you to create a stronger case. Your lawyer also understands the ins and outs of Social Security law and can answer any of your questions as you proceed.
If you live in the Alabaster, AL area and want help appealing a Social Security claim denial, contact Joseph E. Walden, Attorney at Law. Social Security is one of our practice areas, and we'll work hard to ensure justice is served as you pursue your Social Security disability claim.