Is There Anything You Can Still Do to Get Social Security Disability?
It feels hopeless to be denied Social Security Disability. You were counting on those benefits to stay financially afloat after health problems knocked you out of work. What can you do when you’re denied?
You can send in more evidence, updates on your medical situation, and arguments for why you should be approved as part of a disability benefits appeal.
Take a breath and know this:
- Most people get denied. It’s normal.
- You can, and probably should, appeal. Your case is still alive.
- In fact, many people win benefits during the appeal process.
Appeal, but move fast, because you only have 60 days from your denial letter to file your appeal.
These are your next steps:
- Study your denial letter and all of your claim materials for indications of why you were denied.
- Ask Social Security for a reconsideration of their decision within the 60-day deadline.
- Gather any new evidence you might have for your claim, like updated medical documents.
- Fill out Social Security’s disability appeals forms.
- Keep copies of everything relating to your disability claim.
- Talk to a Social Security Disability lawyer for professional help with your appeal.
Common reasons you might have been denied include:
- Errors in your application
- Insufficient medical evidence
- Failure to follow a prescribed treatment plan
- Lack of documentation that your disability will last the required 12 months or more
- Incomplete work and wage histories
- Indications that there are different jobs you could switch to
- Failure to cooperate with Social Security, like not sending requested records or attending exams when asked
If you think you qualify for Social Security Disability because your health problems prevent you from working, you owe it to yourself to appeal and fight for benefits that could bring peace and stability back to your life.
The Chicago disability lawyers at Nash Disability Law can help you analyze your denial, build a plan for your appeal, and increase your chances of winning benefits.
We’ve helped thousands of people appeal Social Security Disability denials.
WE’VE HELPED MORE PEOPLE IN THE CHICAGO AREA WIN BENEFITS THAN ANY OTHER LAW FIRM.
Talk to a Chicago disability lawyer today. »
What Are the Stages of the Social Security Disability Appeals Process?
You have several chances to appeal after a Social Security Disability benefits denial. You may not have to go through all of the steps, but they always proceed in this order:
Step 1: Asking for a Reconsideration
The first step after your application is denied is called a reconsideration. This sends your claim back to the SSA and allows a different adjudicator to take a fresh look at your case to see if they find a reason that you should receive benefits.
It’s still difficult to get approved at this stage. Most people end up getting denied again. The good news is that this is just the beginning of the appeals process.
Step 2: Disability Hearing with an Administrative Law Judge (ALJ)
If reconsideration doesn’t work, the next stage is a disability hearing with an Administrative Law Judge (ALJ).
Your hearing can be your best chance to receive Social Security Disability benefits.
A disability hearing allows you to personally make your case to a judge. You have time to correct any errors in your original application and fill in any gaps in your medical and employment records.
Vocational experts and medical experts paid by the SSA may also testify about your case at the hearing. What they say can have an impact on whether the judge thinks your health problems are serious enough to rule out working and qualify for disability benefits. Your disability lawyer can question these experts.
Our Chicago disability attorneys know how these hearings work. We can help you make the most out of this opportunity to show how your health issues have interfered with your ability to work and earn a living.
Government studies even show that Social Security Disability applicants who brought lawyers or representatives to their hearings were nearly three times more likely to win benefits than those who represented themselves.
So, a hearing could be the most important part of the appeals process. If your reconsideration was denied or you already have a disability hearing scheduled, you should consult an attorney.
Step 3: Making Your Case to the Social Security Appeals Council
If a disability hearing doesn’t go your way, the next stage is a review by the Appeals Council at Social Security. This council can take a closer look at your case and see if your denial was legally sound or if the judge made errors.
The Appeals Council can send you back for another hearing with directions on how to do things differently if they disagree with the judge’s ruling.
Your task is arguing for errors by the judge. It takes a highly trained legal eye to spot the issues you need to raise.
If your appeal fails at any stage, you have 60 days to file a response and move on to the next phase.
Our Chicago disability attorneys can help you learn more about this process with a FREE CONSULTATION.
