Denied Social Security Disability Appeal – Appealing your denied application for Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits can be frustrating. Because each state’s disability appeals process is different, you may want to speak with a Social Security attorney or attorney first. An experienced attorney in your area can give you the best chance of winning a disability claim. If you decide to file a disability claim with the Social Security Administration (SSA), follow these four steps.
In most states, filing a reassessment form (SSA-561) is the first step in filing a disability appeal. This step applies regardless of whether your original application was denied or your benefits ended after a Continuing Disability Review (CDR). All requests for reconsideration forms must be submitted within 60 days of SSA denying your disability claim. If you live in a country that does not require this first step, go to the hearing impaired step (step 2).
Denied Social Security Disability Appeal
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Always keep the SSA denial notice because it contains information about eligibility to file a disability appeal. Find the paragraph that explains why your condition does not meet the SSA’s standards for receiving disability benefits. (This information may be requested later.)
Submitting a reconsideration request always triggers the SSA to conduct an audit of your Social Security disability application. In some cases, your state’s Disability Determination Service (DDS) will review your claim with a medical consultant and examiner. However, these are brand new claims examiners and medical consultants who conduct a new claim review. This means that your claim reconsideration request will be processed by staff who were not involved in your original rejection. Typically, DDS awards disability benefits for 5-10% of the reassessment requests it receives.
It is possible that your claim will be rejected again. If so, you will receive another rejection message with the same explanation as the first one. If this happens, go to the next step in filing a disability appeal and request a hearing.
The SSA does not assume that you are permanently disabled after your first application for disability benefits is approved. When you start receiving monthly Social Security Insurance (SSDI) income, expect the SSA to review your disability status from time to time. The SSA typically conducts evaluations every three to seven years, depending on the period specified in your original claim. SSA may stop paying monthly benefits because your health has improved so you can start working again. If you do not cooperate with the Continuing Disability Review (CDR) process, your monthly disability benefits may end.
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If you want to dispute the termination of continuing benefits, go to your local disability hearing and ask for a reconsideration within 60 days. At this point, you technically move to Step 2 of the disability appeal process. However, you will automatically receive a second opinion from another DDS or SSA doctor and examiner. These representatives have the authority to overturn any previous decision to terminate monthly disability benefits. If your case is considered limited, you will usually win the disability appeal and still receive monthly benefits. However, if your appeal is rejected, you must proceed to step 2.
Your refusal to accept. Request your hearing as soon as possible, as the SSA is very strict about disability appeal deadlines.
An ALJ is an attorney who works in the SSA’s Office of Disability Adjudications and Assessments (ODAR). The ALJ must uphold or reverse previous decisions denying or terminating monthly disability benefits. Some ALJs also conduct hearings that do not involve Social Security disability issues. For the most part, however, they focus on upholding or overturning decisions made by the SSA. According to SSA quarterly data, ALJs award benefits in about 57 percent of compensation decisions as of March 2017. And of course, some ALJs have more favorable disability decisions than others. If the SSA denies your claim, don’t skip this step—it may be your best chance to get it overturned!
If the ALJ does not grant you benefits, the next step is to ask the appeals board for review. This stage of the disability appeals process can be quite confusing and many review requests fail at this stage. Because the Appeals Board randomly selects cases for review, your case may not be selected at all. And if they do, they have the power to grant, deny, or deny your application for people with disabilities.
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If you submit an appeals board review request more than 60 days after the reconsideration was denied, you may be denied immediately. The only times they may consider reviewing your case themselves are:
In most cases, the appeals board will look for an erroneous ALJ decision before allowing your claim to be reviewed. In these situations, you still have a very small chance of winning disability benefits in the assessment of the appeal board.
Your fourth and final disability appeal option is to sue the SSA in federal district court. Federal judges hear disability cases without a jury and primarily look for legal errors in your application and review process. District court judges overturn the dismissal in less than a third of appeals, but it’s also your last chance. This can be an expensive and time-consuming process that may not overturn your refusal in court. As a result, some attorneys are reluctant to sue the SSA.
Do you still have questions about filing a disability application? Click here to start your free benefits assessment to see if you qualify for legal aid today.
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Get a free Social Security benefits evaluation with an experienced disability attorney at www.disabilityapprovalguide. My SSDI claim was denied, what do I do now? If your disability application was rejected, you should consider filing an appeal.
If your disability application has been rejected, you should consider filing an appeal. Call 512-454-4000 today for a free consultation.
67 percent of applications for disability benefits are rejected on the first application. SSDI applications can be denied for a number of reasons – filling out the form incorrectly, missing medical evidence, missing important information, not following prescribed medical procedures, or making too much money. Some people drop their claim the first time their claim is denied, while others file a new claim, but neither option is a good idea. A rejection of your claim does not mean you are not disabled and you should consider appealing. Half of the applicants who filed a complaint will receive benefits in the future. Re-applying will only delay the process and you will likely be rejected again.
The request must be made in writing. The applicant can also call the social welfare office and request an appeal form (form SSA-561). The fastest way to appeal a case is to file it online at www.socialsecurity.gov/disability/appeal.
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There are four levels in the appeals process. Each level must be completed before moving on to the next level in the series.
1. Request for reconsideration. With the application for re-examination, the applicant asks the Social Insurance Board to re-examine his case in its entirety.
This review is conducted by a Disability Determination Service (DDS) medical consultant and examiner who was not involved in the original review of the claim. Between 10 and 15 percent of all reconsideration requests are granted benefits. If the claim is denied again, the applicant will receive another letter, like the first denial notice, explaining why the claim was denied. The next level of appeal is to request a hearing from an administrative court judge.
If you are disabled, don’t despair! Contact Disability Law at 512-454-4000 for a free consultation and get the benefits you deserve.
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2. Hearing before an Administrative Law Judge (ALJ). If the applicant’s request for reconsideration is denied and he wishes to pursue his claim, he must request an ALJ hearing within 60 days of receiving the denial notice.
ALJs are attorneys who work in the Social Security Administration’s Office of Hearings and Operations. They review SSDI cases and either affirm or reverse decisions to deny SSDI benefits or terminate disability benefits. About 50% of claimants who take their case to an ALJ will have their appeal approved and begin receiving SSDI benefits.
3. Board of Appeal. If the AJ does not accept the request, the applicant can ask the appeal board to process his case.
The role of the Appeals Board is not to evaluate the merits of the applicant’s disability claim, but to examine the case for legal or procedural errors in the ALJ’s decision and whether there was sufficient evidence to support it. The appeal board can also reject the case if the appellant submits the application late, asks for the case to be rejected or dies. The appellant has 60 days from the ALJ’s decision to file a motion for reconsideration in the Court of Appeals. The application must be made in writing using form HA520.
Decoding The Disability Denial Letter For Social Security Disability Appeal
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