A Social Security Disability denial can feel devastating.
When you suffer from a debilitating medical condition, your and your family’s livelihood may depend on your accessing the vital monthly benefits Social Security Disability can provide.
However, receiving a denial letter doesn’t mean you should give up hope. The Social Security Disability Insurance (SSDI) appeals process offers several additional opportunities for individuals to win approval for their claim.
Navigating the appeal process can be challenging, but with proper preparation and support from a legal professional, you have a better chance of getting a positive outcome.
If your initial disability claim was denied, contact Pines Federal to speak with a Social Security disability appeal lawyer. With decades of combined experience fighting for SSDI applicants, our attorneys have the skills and legal insights to help you access the benefits you deserve.
Give us a call at (800) 801-0598 or send us an online message today for assistance.
“I have never been involved in a court case before and was scared to make even the first phone call to seek legal counsel. I found Pines Federal after reviewing several offices…My case was settled to my satisfaction and I can’t recommend this practice enough…”
Common Reasons SSDI Is Denied
In 2019, the Social Security Administration (SSA) approved less than 40% of applicants for disability benefits based on their initial application. However, receiving a denial letter doesn’t always mean you don’t qualify for benefits. The SSA often denies valid disability claims for reasons you can address in an appeal.
Some common reasons the SSA denies disability applications include:
- Lack of evidence—insufficient medical documentation of disability and how it prevents you from working;
- Condition isn’t long-term—you must have proof that your disability prevents you from working for at least 12 months to qualify for benefits;
- Earnings are too high—the SSA can deny you benefits if you still have a monthly income higher than the SSDI requirements;
- Not following treatment plan—if you ignore your doctor’s advice or fail to take prescribed medication, SSA can’t properly assess the extent of your disability; and
- Failure to cooperate with SSA—includes errors in completing the application and ignoring requests for additional information.
Understanding why SSA denied your application is the first step in preparing for an appeal. The denial letter should offer some explanation of why your claim was rejected.
If the listed reasons are unclear or you have additional questions, it’s best to consult with a Social Security disability appeal attorney.
Social Security Disability Appeals Process
There are several levels involved in the SSDI appeals process. If you receive a denial at one stage, you can take your claim to the next one.
Here is an overview of the four stages involved in an SSDI appeal:
- Reconsideration. In this stage, the SSA has a new person review your case in detail to see if anything was overlooked. They’ll also review any new evidence you’ve submitted to support your claim and make a decision to approve or deny your case again.
- Administrative Law Judge (ALJ). You need to schedule a hearing with an ALJ to appeal after reconsideration. The judge will review your evidence, ask questions about your condition, and listen to experts testifying to your condition.
- SSA Appeals Council. You can ask the Appeals Council for review if the ALJ doesn’t approve your appeal. If the council finds flaws or errors in the decision, they can send it back and arrange a new hearing with the potential for additional evidence.
- Federal Court. If your claim is still unsuccessful, you could file a lawsuit in U.S. District Court. This stage doesn’t always end in a full trial, and sometimes, a federal judge will review the facts of the case and send it back to the SSA for consideration.
Each stage of the SSDI appeal process has a 60-day deadline for taking action. After you receive a denial at any stage, you have only 60 days to file the appropriate documents to continue your appeal.
How Long Does an SSDI Appeal Take?
The time it takes to receive a decision on your appeal depends on the stage you’re at in the process. Going through reconsideration could range from a couple of weeks to several months, depending on the SSA’s caseload.
A hearing with an ALJ or having the Appeal Council review a decision could take a year or more. Federal court cases are often the lengthiest of all. It can take several years to resolve a court case, especially if you go to trial.
What Are My Chances of Winning an Appeal?
Your chances of winning your appeal can vary greatly depending on several factors.
Generally, successful appeals hinge on the following:
- The extent of your impairment,
- The impact of your disability on your life, and
- Your inability to find other employment.
Access to concrete, convincing evidence is critical in this respect. The more evidence you have to illustrate these parts of your case, the stronger your chances of a positive outcome.
How a Social Security Disability Appeal Lawyer Can Help
What is another major factor that can improve your chances of a successful SSDI appeal? Having the support of an SSDI appeal attorney.
Let’s look at some ways an attorney can make a difference in your appeal:
- Confirming medical eligibility. Qualifying for SSDI benefits means proving that you have a severe, long-term, total disability. An attorney can evaluate your case and ensure that you meet the SSA’s strict standards for eligibility.
- Investigating avenues for reconsideration. A lawyer experienced in SSDI appeals is familiar with the claims procedure and strategies behind successful appeals. They can help identify a legal basis for your claim and construct a strong argument for approval.
- Collecting evidence and experts. If your denial comes from insufficient documentation, your attorney can help you identify and gather the medical records you need for reconsideration. An experienced SSDI attorney can also source qualified medical experts who can testify to your condition in a hearing.
- Representing you in hearings. A lawyer can help you prepare for a hearing, understand what to expect, and practice answering questions. They’ll also serve as your advocate for your interests during any administrative and legal proceedings.
No matter the stage, retaining an experienced lawyer for an SSDI appeal can help lessen the stress of the process and move you closer to a positive outcome.
Pines Federal: Trusted Lawyers for Social Security Disability Benefits Appeals
Between the strict qualifying criteria and the complex appeals process, fighting against a disability denial can seem daunting. Luckily, you don’t have to go through it alone.
The dedicated disability appeal lawyers at Pines Federal are here to help you fight for the compensation you deserve.
Our attorneys have decades of combined experience overturning SSDI denials for our clients. Contact our office online or call (800) 801-0598 today to learn more about how we can help you.
