Social Security Disability Denial Lawyer
The Social Security Administration (SSA) receives millions of disability claims each year and denies a majority of them, according to recent data from the SSA. However, the SSA has a multi-level appeals process, and many claimants who are initially denied may eventually be approved for benefits after going through the appeals process. An experienced attorney, like our friends at Roose & Ressler, can help an applicant understand the eligibility requirements for Social Security Disability (SSD) benefits and whether they meet those requirements. They can also help to determine if an applicant is eligible for other types of disability benefits.
Learning about common reasons for denied claims and the levels of the appeal process can help a claimant prepare for the sometimes long process of accessing disability assistance. There are several reasons why a disability claim may be denied by the SSA, including:
- The claimant is not considered “disabled” under SSA rules.
- The claimant does not have sufficient objective medical evidence.
- The claimant is actually performing substantial gainful activity.
- The claimant is not following prescribed treatment: The SSA may deny a claim if an individual is not following prescribed treatment for their impairment. This can include failing to take prescribed medications or not following through with recommended therapy or rehabilitation.
- The claimant does not respond to the SSA’s requests for information. If the SSA asks for documentation, and the claimant fails to provide it, the SSA may deny the claim based on insufficient information.
- The claimant does not meet the non-medical requirements for disability insurance benefits (has not worked enough or recently enough in Social Security-covered employment) or has resources or income that exceeds the limits to qualify for Supplemental Security Income.
It is important to note that a denied claim does not necessarily mean that an individual is not eligible for disability benefits. Claimants have the right to appeal a denied claim. The appeals process for Social Security Disability (SSD) can be broken down into four main stages:
- Reconsideration: If your initial application for SSD benefits is denied, you can request a reconsideration of your case. This involves having a different examiner review your application and any new evidence you provide.
- Hearing by an administrative law judge: If your request for reconsideration is also denied, you can request a hearing before an administrative law judge (ALJ). At the hearing, you will have the opportunity to present your case and any additional evidence or witnesses. The ALJ will then make a decision based on the evidence presented.
- Appeals Council review: If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Appeals Council may either affirm the ALJ’s decision, reverse it, or send it back to the ALJ for further review.
- Federal court review: If your claim is still denied after the Appeals Council review, you can file a lawsuit in federal court. The court will review the ALJ decision and the evidence and to determine whether there are errors made that require “remand” (returning case to Social Security for correction of errors). Only in rare cases would the federal court reverse a decision made by an ALJ.
It’s important to note that the appeals process can take a significant amount of time, and it’s generally a good idea to work with an experienced attorney who can help guide you through the process and ensure that you are presenting the strongest possible case. A social security disability denial attorney who focuses on disability law will have a thorough understanding of the evidence needed to make a claim successful, as well as how to access any necessary documentation. Furthermore, an attorney can communicate with the SSA on your behalf, which can be helpful if you are feeling overwhelmed or if you are having difficulty understanding the process.
The help of a local expert in disability law can prove invaluable in these situations. They have the experience and knowledge to deeply analyze your case, determining the steps necessary for successful benefit acquisition. By evaluating the best techniques to establish essential facts and collect needed evidence, they assist you effectively through this complicated process. Backed by extensive experience, they have a deep understanding of the nuances of the disability process.