Denied Disability in Chicago

Denied Disability in Chicago FAQs

How Many People Get Denied Social Security Disability Benefits?

Most people receive a denial of Social Security Disability at least once in the process of trying to get benefits. National numbers show that in recent years, the running average has been about 80 percent of people getting denied on initial application. Being denied is discouraging, but it has become a normal part of the process. Needing to file an appeal doesn’t mean your case is hopeless. Most of the time, it’s what you have to do to eventually win benefits.

Why Does Social Security Disability Deny So Many People?

Social Security has thousands of rules to decide who gets disability benefits, so the process isn’t simple. They have all these rules to avoid accidentally awarding benefits to people who don’t deserve them. But deserving people often get tripped up in this process. Social Security also usually has large backlogs of disability cases and not enough people to process them quickly. The Social Security Disability backlog is something we talk about quite a bit at Nash Disability Law. Appealing can take months or over a year. These issues probably won’t go away until the government improves the program. In the meantime, our Chicago disability lawyers are here by your side as you go through this, working to make it easier for you and more likely for you to win benefits in the end.

What Reasons Does Social Security Give for Denying People?

When you get a denial letter from Social Security Disability, it might tell you reasons why you were denied. If it doesn’t, you’ll need to investigate further, which a disability attorney is well prepared to do. Reasons disability claims are denied include missing information, errors in the application, need for more medical records, need for you to receive more ongoing medical care, not enough explanation of how your health problems undermine your ability to work, unnecessary information that raises doubts for Social Security, failing to respond to requests for more information from Social Security, working too much to qualify, education or training that makes Social Security think you could switch to different work, and seeming like you could work if you stopped alcohol or drug use. Work with a disability lawyer to improve your arguments for benefits and counter Social Security’s decision.

When Should I Appeal a Denial of Social Security Disability Benefits?

Two main answers: You should almost always appeal instead of dropping your case. And you should file your appeal fast. You face a deadline: YOU MUST APPEAL YOUR DISABILITY DENIAL WITHIN 60 DAYS OF THE DATE ON YOUR DENIAL LETTER. Why should you appeal your Social Security Disability denial? Because your odds of winning benefits are greater on appeal. While 80 percent of disability applications are denied nationally, after people appeal, more than a third eventually win benefits. It’s still tough, but particularly at the third step of seeking benefits—having a hearing with a Social Security Disability judge—your chances of winning benefits are better. Disability judges around the Chicago area often approve benefits over 50 percent of the time. And if you have an experienced disability lawyer with you at your hearing, your chances may be even better. One government study found people with representatives in their hearings were almost three times more likely to win benefits than those without.

How Do I Appeal a Social Security Disability Denial?

The first step to appealing a Social Security Disability denial is asking for Social Security to reconsider. Make sure to file your reconsideration request within 60 days of your denial letter. During the reconsideration stage, an adjudicator who didn’t see your case before gives it a fresh look. You can add information to your claim and give updates on your medical and work situations. You can fix gaps in your original application. Most of the time Social Security still denies benefits on reconsideration. Then you move on to asking for a hearing with a Social Security administrative law judge. You need to prepare evidence and arguments for your hearing. You need to prepare to testify for the judge and answer their questions. But the chance to speak with someone live is important, and this part of the appeal may be your best chance of winning benefits.

Is It Ever Better to Start a New Disability Application Rather than Appealing a Denial?

Usually, it’s best to appeal your disability denial rather than start a new application from scratch. You get credit for time your application has been pending, which means more back pay when you are finally approved. Starting over erases that time. With an appeal, you can strengthen the disability claim you already have. Certain situations may be different. For example, if you’ve had a major change in your health circumstances at an advanced stage of appealing, you could be better off starting over. When you’re at an advanced appeals step, you may not be able to add updates about your new situation. Later appeals are about scrutinizing problems with Social Security’s decisions in your existing file, not updating your file. Having a new application including your new situation could mean more likely approval. But you can’t be expected to be an expert in how to weigh all of this. A Social Security Disability lawyer analyzes your case and lets you know the best path for you.

When I Appeal My Social Security Disability Denial, Do I Need a Lawyer?

Just like applying in the first place, it’s not required to have a lawyer to appeal a denial of Social Security Disability benefits. But appealing a disability denial is a different experience. You need more evidence and arguments. You may need to file legal briefs. You may testify for a disability judge. You may need to cross-examine medical experts or vocational experts who testify about your case. We’re disability lawyers at Nash Disability Law, so it’s probably not surprising we’d say you should get a lawyer to appeal your denial. But it is our honest advice. Even if you don’t work with one of our lawyers, we think you should have a lawyer. Your experience of the process can be easier, your chances of success better, and you only pay an attorney fee when you win. Let us help you get another chance at Social Security Disability and financial reassurance you need as you manage your health.