If your inability application was rejected, don't surrender! We explain how y'all tin can continue to win your disability benefits merits through the SSDI entreatment process.

No matter how much idea, time and effort you've put into preparing your initial awarding for Social Security Disability benefits, don't be surprised if information technology's denied by the Social Security Assistants. Over 70% of them are.

To aid you make up one's mind what to exercise next, nosotros'll explicate why most initial applications are denied, how you might deal with the deprival, and the sequence of options the SSA offers to applicants who wish to contest their denial.

Social Security Disability (SSD) Appeal Process for a Denied Application

The SSA wants to provide Social Security Inability (SSD) financial aid to every deserving applicant. But for several reasons—the huge number of applicants, the constantly eroding fiscal condition of the Social Security Trust fund, the need to preclude fraud, and the bureau's desire to judge every awarding in the same, impartial way—eligibility requirements are strict and are followed "to the letter" nationwide.

Fifty-fifty so, SSA realizes that those involved in evaluating claims are "but homo," and human being mistake is possible at any phase of the eligibility evaluation process. Possible, too, are other medical or non-medical reasons for a turn-down, simply many can be dealt with once you know what activeness to take. That'southward why, if you lot've been denied benefits and believe you authorize for them and yous know you demand them, don't give up. Challenge the decision, either by yourself or with the assistance of a law firm with SSD feel.

Important: If you wish to appeal, you must make your request in writing inside threescore days from the date you receive the SSA's letter of the alphabet of denial. Do and then fifty-fifty if yous take merely some, but not all, of the new required information.

In recent years, the SSA has been improving the procedure of filing a disability claim—or filing an appeal if it's denied—by implementing the Inability Service Comeback (DSI) procedure.

Its objective is to enhance the current disability decision process by:

  • Helping to make the correct decision as early in the process as possible
  • Providing for consistent decision-making nationally and at all steps
  • Improving the documentation
  • Ensuring that decisions follow SSA policy
  • Enhancing the quality and availability of medical and vocational expertise that the SSA employees need to help make authentic and timely decisions.

Three Levels of the Social Security Disability Entreatment Process

In most states there are four levels — Reconsideration, Hearing, Appeal and Federal court review. In other states where the Disability Service Improvement program has already begun, there are three levels:

  1. Hearing past an administrative law guess (ALJ)
  2. Review by the Appeals Council
  3. Federal court review

Reconsideration

This is a thorough and independent review of your case, based on the show you submitted for the initial conclusion plus any further evidence you submit in connection with the reconsideration. When the review is of a medical deprival, information technology is washed past a member of the state Disability Determination Services staff who has been trained in handling reconsiderations and who was not involved in the initial determination yous're appealing. Most reconsiderations involve a review of your files without the need for you lot to be present.

You lot must file Form SSA-561-U2: Asking for Reconsideration inside lx days after receiving the discover of denial. Still, if you miss the borderline, you can nonetheless request a reconsideration if you include a written statement of "good cause" containing one or more than good reasons for missing it. For example: A severe inability, particularly mental illness, which prevented you from contacting the SSA; the loss of important records due to burn down or theft; your incarceration; illiteracy; inability to sympathize or read English language; or  non-receipt of a determination due to homelessness or hospitalization.

Regardless of when you send it, you should nowadays any new evidence you lot have that may prove the original determination was incorrect. You lot'll demand to complete and sign two other forms: SSA-3441-F6 — Reconsideration Disability Study and SSA-827 — Dominance to Disembalm Information to SSA.

Hearing

If yous disagree with the reconsideration decision, you may inquire for a hearing, to be conducted by an administrative law judge (ALJ) who had no part in the original conclusion or in the reconsideration of your case. The hearing is usually held within 75 miles (or longer in some states) of the applicant'southward home. Yous will be notified of the time and identify of the hearing.

Before the hearing, you may be asked to submit more evidence and to clarify information about your merits. Yous may look at the data in your file and requite any new information.

At the hearing, the ALJ will question you and any witnesses you lot bring. Other witnesses—e.g., medical or vocational experts—also may provide relevant information, and you're immune to question them.

In sure situations, your hearing may be via a video conference rather than in person; if and then, you'll be notified ahead of time. A video hearing may exist more than convenient for you. Often, it can be scheduled faster than an in-person advent and/or it may be held closer to your domicile, making it easier for you lot to have witnesses or have other people back-trail you.  Either way, in-person or by video, it is usually to your advantage to attend the hearing in order to explicate your case and answer any questions.

If you're unable to attend a hearing or don't wish to do so, you must tell the SSA why, in writing, ASAP. Unless the ALJ believes your presence is necessary to decide your case and requires y'all to attend, you won't have to go. Or the SSA may be able to modify the time or place of your hearing. It is to your advantage to nourish; therefore, we recommend making every try to do and so.

Later on the hearing, the ALJ will brand a decision based on all the information in your case, including any new information provided. You'll be sent a letter with the estimate's decision. If it'southward some other deprival, and you lot're sure y'all're eligible for SSD benefits, so you can inquire for an Entreatment.

Appeal

At last count, the SSA's Appeals Council consists of about 70 administrative appeals judges, 56 appeals officers, and several hundred support personnel. The Council may grant, deny, or dismiss a request for review. If it grants the request for review, it will look at the entire decision, not just the function you disagree with. "If our decision was incorrect," the court promises, "we will alter it." It volition either decide the instance or return ("remand") it to the ALJ for a new conclusion.

Only don't expect a quick conclusion by the Council considering the council receives more than 100,000 requests for review each twelvemonth. If y'all assume each request was seen past a judge — not only by an appeals officeholder or a staff member — that's an average of 1,814 cases per judge per year. If each estimate worked 250 8-hr weekdays per year, that's an average of seven.26 requests per day, or close to ane per 60 minutes. With its financial status the manner information technology is, don't look the SSA to hire a lot more judges in the about futurity.

Federal courtroom review is the last level of the appeals process. This level of appeal is really a civil lawsuit you would file against SSA in a federal district court in your state within 60 days of a denial. The entreatment must be filed within sixty days of deprival, and you likely demand to take a qualified attorney to correspond you. The SSA will provide the district courtroom with all the documents and evidence they relied upon in determining your eligibility for SSD benefits. Afterward, the court volition notify you and/or your attorney in writing of their conclusion.

If the courtroom decides against y'all, there's nix more y'all tin can do, unless you tin come upwardly with new and relevant medical or non-medical bear witness (due east.m., your inability gets much worse) or, perhaps, your medical status (whether physical or mental) is added to SSA'south Listing ofImpairments or newly qualifies for a Compassionate Allowance.  These are weather that are and so severe that they evidently qualify and meet SSA's standards of disability.

I was denied Social Security Disability. What can I practise?

It can be frustrating and disappointing when you are denied Social Security Disability, just a denial does not accept to be the end of the story. You can appeal the adverse determination. In fact, you can appeal three times inside the Social Security organization. The three levels of appeal within Social Security's arrangement are reconsideration, hearing, and Appeals Council review. You could be approved at any of these appeals. All the same, if you are not, yous still take the legal right to pursue your merits in Federal court. (In a few geographic areas, the reconsideration level of appeal is skipped.)

Skillful Legal Assistance for your Social Security Appeal

If you lot did not have a Social Security lawyer help y'all with your initial claim and you accept been denied, now is a good time to rent an attorney who is experienced in Social Security Inability to help y'all determine what is necessary for a successful entreatment.

Reasons for a Social Security Disability Denial

If you are indeed disabled according to Social Security rules, your merits could have been denied for whatsoever number of reasons. For example, perchance y'all forgot to include or didn't know to include some aspect of your medical history. Or, maybe your doc'southward report didn't address everything Social Security needed to fully understand your condition. In these cases, having an expert representative review your claim can help yous place the boosted data that you or your md needs to submit.

Payment Continuation During Appeal

If the Social Security Administration has notified you that your Social Security Inability benefits are being terminated considering they take found that you are no longer medically disabled, you can have your benefit payments continued while the entreatment is decided. To get payment continuation, you must appeal and asking payment continuation within ten days of receiving the termination find. I matter to consider when deciding to request continued benefits is that, if the merits-closure decision is upheld, yous may have to repay the continued benefits.

Social Security Asking for Afterthought

The start level of entreatment is a Request for Reconsideration. At this level, your merits file, your statement of why you disagree with the deprival and whatever new bear witness that you submit with your appeal will exist reviewed by claims examiners and physicians who were non involved in reviewing your claim the outset fourth dimension. If they now find that you see the requirements for disability, your claim will be approved.

Social Security Disability Hearings

If you are denied a 2nd time, you can appeal once more, this time requesting a hearing. Once you lot file the hearing request, it typically takes about 15 months to get your hearing scheduled, only information technology can range from twelve to twenty-iv months. Hearings are usually held in person within seventy-five miles of your domicile, only, in some circumstances they may exist held by video conferencing. At a hearing you, or you and your attorney, will present your instance to an Administrative Law Estimate, sometimes referred to as an "ALJ." You can submit affidavits and call witnesses at the hearing. Sometimes the ALJ will inquire a medical or vocational skilful to testify, and you or your attorney will have the opportunity to question these experts.

Social Security Appeals Council Reviews

If your claim is denied at the hearing, you tin request an Appeals Council Review of the Authoritative Police force Judge's decision.

Federal Lawsuit

Finally, if the Appeals Council Review does not consequence in an approving, yous have the right to file arrange in Federal courtroom.

This can all sound a flake discouraging, but keep in mind that a significant number of people who accept been denied Social Security Disability are approved at i of the levels of entreatment. So, if you believe you are disabled, it is worth your time and patience to appeal.