Not all Social Security Disability Insurance (SSDI) claims are approved by the Social Security Administration (SSA). As a matter of fact, it is very difficult to get SSDI benefits approval in your initial application, with over 60% of claims failing to go through in their initial stage. The SSA wants everyone who can still work to work so that the money in the trust fund is only reserved for those who really need support. However, the good news is that denial needs not be the end of the process. So, what do you do after SSDI claim denial?
Consult an Attorney to Determine the Merits of your Claim
There are many reasons for SSDI benefits denial. One of the main reasons is failure to meet the strict eligibility criteria. An attorney will go through your application and advise you if you have collected enough evidence of your disability, if all the details have been properly filled, whether you have paid enough in taxes, or whether your disability is severe enough. This information will help you in your subsequent application/s.
Respond to SSA Reviewers’ Requests Promptly
SSA reviewers may require you to provide more information. Your claim will be denied if you do not do so promptly. SSA reviewers will want to know if you are following your treatment plan and that you are going for scheduled medical exams. You should respond to all SSA reviewer requests promptly to prevent claim denial.
File a New Initial Application
Suppose your lawyer determines that your claim has merit and the denial is due to failure to provide sufficient evidence, filling errors, or incomplete application. In that case, you can file a new initial application or supply the corrected information and file an appeal.
File a Request for Reconsideration
If your application was comprehensive enough, but your claim was still denied because your disability is not listed in the blue book, you can file a Request for Reconsideration. Note that as you appeal you will achieve a higher rate of success compared to new initial applications.
Request for a Disability Hearing
If the Request for Reconsideration is unsuccessful, the next step is requesting a Social Security Disability hearing. This has a higher rate of approval compared to Request for Reconsideration. The hearing is done before an Administrative Law Judge (ALJ). It is very important that you have a lawyer who understands the relevant law at this juncture.
Request to the Federal District Court
If your claim is still not successful in front of the Appeals Council, the final step is to file an appeal with the Federal District Court. The judge can either decide to uphold the decision of the Social Security Administration to deny your claim, reverse the Social Security Administration decision, or send the case back to the Social Security Administration for review.
Call the Social Security Law Center team to ensure you get things right during your first attempt. In case of denial, our team has a good track record regarding Request for Reconsideration, disability hearings, and appeals with the Federal District Court.
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