Getting SSDI If You’ve Been Denied Previously
If you’ve submitted a Social Security Disability claim already and were denied, don’t fret. This happens all the time. However, re-applying over and over isn’t the best way to make your case. Your claim will probably be denied again, because there’s a specific process to follow. Here are some tips for getting SSDI if you’ve been denied:
The Disability Appeals Process
Firstly, the best way to proceed if you’ve been denied SSD is to sign on with a good attorney who will get you through the appeals process. Here are the possible steps that can occur through an appeal:
As your first move, your attorney submits a Request for Reconsideration. This usually results in an affirmation of the original denial.
Next, you launch an appeal. In an appeal, you request a hearing before an Administrative Law Judge.
That hearing is critical. A decision is either fully favorable, partially favorable, or unfavorable. Often, if you’ve put together a great appeal, the court will overturn the original decision, and your application will be a success.
However, if you receive an unfavorable decision, you may request the appeals council review the decision. The appeals council can do the same thing as the court before it: they can give you your disability benefits in one decision.
If not—if the appeals council affirms the Administrative Law Judge’s unfavorable decision—the next step is to file a lawsuit in Federal District Court against the Commissioner of Social Security. To prevail at the Federal District Court level, you have to establish:
- the Administrative Law Judge’s decision is not supported by substantive evidence, and/or
- the Administrative Law Judge committed errors of law
Get a Memphis SSDI Lawyer for Your Appeal
It probably sounds complicated, and it is. That’s why it’s critical you have an experienced attorney for your disability appeal. With a qualified disability lawyer Memphis, TN relies on, a disability application has a much higher chance of success.
The attorney’s fee is limited to a relatively small percentage of your past due benefits. And that’s only if the lawyer is successful. Nothing can be charged from your ongoing benefits.
Also, you only have 60 days to appeal, so you should begin working with an attorney as soon as possible if you’ve been denied benefits.
It is possible to get SSDI if you’ve been denied. We can help. Contact us today for a free conversation.
Call 901-327-2100 or fill out the form below.