Having your disability claim denied can be frustrating, but it is not the end of the road. In fact, about 67% of initial disability claims are denied by the Social Security Administration (SSA).
If this happens to you, don’t worry. There are steps you can take to appeal the decision and improve your chances of getting approved.
In this post, you will learn more about disability claims and what to do if your claim is denied.
Understand the Reason for Denial
Disability claims can be denied on the first try for various reasons. Understanding these reasons is the first step towards addressing any underlying issues with your claim.
Usually, the Social Security Administration (SSA) will send you a letter explaining the reasons. Read this letter carefully. Knowing the exact reason for denial will help you figure out what to do next.
Common reasons for denial include:
- Insufficient medical evidence
- Earning too much income
- Failure to follow the treatment prescribed by your doctor
- The disability is not expected to last for at least one year
- Incomplete or incorrect application forms
- Lack of cooperation with the SSA’s requests for information or medical exams
Consult a Disability Lawyer
Navigating the appeals process after the initial denial can be complicated. A disability lawyer can help you understand your options and build a strong case. They can help you gather and organize additional medical evidence, and represent you before an administrative law judge.
Many lawyers offer free consultations and work on a contingency basis, which means they only get paid if you win your case.
Request a Reconsideration
If you believe your claim was wrongly denied, you can request a reconsideration. This is the first level of appeal. During reconsideration, someone who was not involved in the initial decision will review your case. You have 60 days from the date you receive the denial letter to request this.
Request for a Hearing
If your request for reconsideration is denied, you can request a hearing before an administrative law judge. This hearing is your chance to present your case in person and explain why you believe you qualify for benefits.
Make sure you are better prepared and ready to explain how your disability affects your daily life and ability to work. Be honest and detailed in your presentation.
Approaching the Appeals Council
After the hearing, the judge will review all the evidence and make a decision. If the administrative law judge denies your claim, you can request a review by the Appeals Council.
The Appeals Council will look at your case to see if the judge made any errors. If they find an error, they may send your case back to the judge for another hearing or approve your claim.
File a Lawsuit in Federal Court
If the Appeals Council denies your claim, your last option is to file a lawsuit in federal court. This is a complex and lengthy process. You will need a lawyer to help you. The court will review your case to determine if the SSA followed the law and had enough evidence to deny your claim.
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