Appealing Denied SSDI Claims

The Social Security Disability Insurance (SSDI) program exists to provide a safety net for workers who become unable to work. Workers pay into the program through their payroll taxes, but that doesn’t mean the funds will be automatically available to you when and if you ever need them. You’ll still have to apply for Social Security Disability benefits and, unfortunately, many more claims are denied by the Social Security Administration than are accepted.

Fortunately, applicants have recourse through the appeals process. Appealing denied SSDI claims is onerous, but the end result can be well worth it.

Steps In The SSDI Appeals Process

Applicants have 60 days from the time they receive their SSDI denial to file a written request for an appeal. Once the appeal has begun, it goes through four stages:

  1. Reconsideration. During this stage, denied applications are re-examined by a claims examiner who was not involved in the original decision. You are allowed to submit new or additional evidence to support your claim and your SSDI attorney can answer questions posed by the claims agent.  
  2. Hearing. If a claim is denied again or if you don’t agree with the results, you may request a Hearing in front of an administrative law judge. At this stage, you will appear in person before the judge to answer questions, witnesses may be called, experts may be brought in, and new evidence presented. Your attorney will play the important role in preparing you for questioning, securing witnesses, experts, and additional evidence, if available.
  3. Appeals Council. If you are dissatisfied with the judge’s ruling, the next step is to request a review by the Social Security Appeals Council for another examination or hearing. However, you are not guaranteed an examination or hearing. If you are granted a second hearing your attorney will repeat the actions taken at your first hearing.
  4. Federal Court. Your final option is to take the denial all the way to the federal district court. To do this, you’ll need to file a federal lawsuit.

Top Reasons Why SSDI Claims Are Denied

  • Lack of Medical Evidence. You must provide medical proof that you are unable to work due to your disability or injury. That means submitting records from your primary care physician and/or specialists that demonstrate your injury. Don’t expect the SSA to send you to a doctor to verify your disability, that’s not how it works. You must see a doctor first and he or she must document the injury and how it prevents you from working, then that documentation should be submitted with your initial application.
  • Previous Denials. Some people think they have a better chance of being approved if they simply apply again, but this is not the case. Appealing a denial is actually a better option than starting over from scratch.
  • Failure to Follow Treatment. If you fail to follow your doctor’s orders for treatment, you will be denied because the claims examiner won’t be able to determine if the actual injury/disability is preventing you from working or if it is your refusal to cooperate with treatment.
  • Failure to Cooperate. Speaking of a failure to cooperate with treatment, failing to cooperate with the SSA and its agents can lead to a denial too. If you don’t respond to requests for information or don’t show up for medical exams or meetings, you may be denied.
  • Fraud.  If you lied on your application or misrepresented yourself or your injury, the claim will likely be denied.

Appeal Denied SSDI Claims With Help From The Beregovich Law Firm

If your SSDI application has been denied, don’t despair! Initial denials are very common and can be successfully appealed with the right approach. Contact The Beregovich Law Firm for SSDI appeals assistance or even for help submitting your initial application.

Call (800) 631-9009 or email us to discuss your situation today.

Reduce Your Risk Of SSD Denial With Help From The Beregovich Law Firm

Many Social Security Disability (SSD) Insurance applicants only seek out an SSD attorney if their application has been denied, but a qualified SDD attorney can help you at all stages of the application process and may even reduce the chances of your application being denied. This is hugely important since almost 65% of first-time applicants are denied SSD benefits. Many denials come down to technicalities such as filling out a form incorrectly. With the process taking as long as a year from application to approval, holdups or denials based on a technicality can be financially devastating.

The high rate of denials underscores the fact that applying for benefits is complicated – and the appeals process is even worse. It’s not something you want to go through and it’s definitely not something you want to go through without legal representation.

How An SSD Attorney Helps In The SSD Process

Since denial rates are so high, it makes sense to have an experienced set of eyes double and triple checking the application. That’s the role of your SSD attorney during the application process. In addition to ensuring the application is complete and accurate, your attorney can make sure you have the medical evidence you need to prove your claim and compile all of your information, so it is ready for appeal if your application is denied.

The documentation requirements for SSD are extensive. In addition to medical proof, you’ll be asked to provide a multitude of personal information, banking information, work history, and more. A single mistake along the way can derail your application and result in a denial.

Your attorney can make sure you’ve met all of the SSA’s requirements, track the progress of your application once it’s been submitted, handle any subsequent requests for additional information, speak with SSA representatives on your behalf, and generally facilitate and manage the process.

And if you are denied, your attorney will be well-prepared to mount an appeal right away.

Contact The Beregovich Law Firm For SSD Help

Regardless of where you are in the SSD application process, The Beregovich Law Firm can help. Contact us for help determining your eligibility, completing your application, following up with the SSA, or appealing a denial. We are based in Florida, but work with clients all over the United States to help them obtain the benefits they need.  

Call (800) 631-9009 or email us to discuss your situation.