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.

Social Security Disability (SSD or SSDI – Social Security Disability Insurance) is a federal benefit program that provides individuals and their families income when an unexpected injury or illness occurs and they become unable to work. This income can be vital to a family’s survival during recovery and may even be an individual’s primary source of income if the disability is chronic or life-altering.

SSDI benefits are only available to those who have earned enough work credits to qualify for the program. This is because SSDI is funded through payroll taxes. For those who do not have enough work credits, the Supplemental Security Income (SSI) program is available, which is funded through general fund taxes. For the purposes of this post, we are only going to look at SSD/SSDI benefits.

In order to receive SSDI benefits, you’ll need to apply for them, which can be intimidating if you don’t know what to do. Here at The Beregovich Law Firm, we help families and individuals apply for SSD benefits to minimize their chances of denial. We want to share a few tips with our readers to help them maximize their chances of getting approved for benefits.

Applying for Social Security Disability Benefits

The two most important things to understand about Social Security Disability Insurance benefits are:

1. You can only apply for SSDI benefits if you have a work history and have paid into payroll taxes, and
2. You should apply immediately after you get injured.

As we mentioned above, if you don’t have that work experience, you will be denied SSDI benefits.

You also want to apply as soon as possible because there is a 5-month waiting period to receive SSDI benefits, which means you won’t actually receive a payment until the 6th month. The waiting period begins with the first full month after the date that the Social Security Administration decides your disability began, so you may as well get your paperwork in early and get into the review queue.

There are several ways to apply for SSDI benefits:

1. In person. You can submit your application for benefits in person at any Social Security Office.
2. Online. You may apply online through the Social Security Administration.
3. By Phone. You can call 1-800-772-1213 to apply for benefits.
4. Through your attorney. You can work with a Social Security Disability lawyer to complete your application and apply for benefits. If you are at all confused about the process or your eligibility for benefits, we recommend you get help from our SSDI attorney in Florida.

Speak With An SSDI Attorney At Beregovich Law

We can’t stress enough how important it is to follow instructions and include all pertinent documentation when applying for SSDI benefits. Denials are very common with many denials occurring due to simple application errors. Don’t put your family’s finances at risk! Contact The Beregovich Law Firm at (800) 631-9009 or email us today to receive help applying for SSDI benefits.