What Are My Options for Appealing a Denied SSDI Claim?

 Posted on April 24, 2023 in Social Security Disability

Social Security is one of the most critical aspects of the American social safety net. In addition to providing benefits for people who have reached retirement age, it also provides essential financial support to many people with disabilities. Numerous physical and mental health conditions can affect people's ability to maintain employment and make enough money to support themselves and their families, and Social Security disability benefits address this by providing assistance to those who are considered to be totally disabled.

In many cases, those who apply for disability benefits will do so through Social Security Disability Insurance (SSDI), which may be available based on the number of years a person has worked, their age, and other factors. However, applying for SSDI benefits can be a long and complicated process, and unfortunately, many applicants are denied. In these situations, it is important to remember that denial is not the end of the road. In fact, there are several options for appealing a denied Social Security disability claim. By understanding your rights and the procedures that will be followed, you can increase your chances of success.

The Social Security Disability Appeals Process

If you believe that your SSDI claim has been incorrectly denied, you can do the following:

1. File a reconsideration: The first step in appealing a denied Social Security disability claim is to request a reconsideration. You must file this request within 60 days of receiving the denial notice. Your case will then be reviewed by someone other than the person who originally processed and reviewed your SSDI application. If necessary, you can submit new information or evidence that supports your claim, or the reviewer may also consider other information obtained by Social Security. However, it is important to note that many reconsideration requests are also denied.

2. Request a hearing: If your reconsideration is unsuccessful, your next option is to request an administrative hearing. You must make this request within 60 days of receiving the reconsideration denial notice. During the hearing, you will appear in front of an administrative law judge (ALJ). You will have the chance to testify, present evidence, and have a legal representative advocate on your behalf. The ALJ will look at all the details of the application, the supporting documents, and the evidence and witness testimony presented by both sides to see if there is sufficient evidence to overturn the denial. It is important to prepare for this hearing thoroughly and have a skilled attorney on your side to help you present your case effectively.

3. Appeal the ALJ’s Decision: If the ALJ upholds the disability ruling, you can appeal the decision by taking your case to the Social Security Administration Appeals Council. The Appeals Council will review your application and the hearing record to decide whether errors were made. The Appeals Council can choose to overturn the ALJ's decision, they can order a new hearing or can deny the request for review.

4. File a lawsuit: If the Appeals Council denies your appeal or chooses not to review your case, you can file a lawsuit in federal court. The judge will review your application and other facts of the case to decide if the ALJ's ruling was lawful. During these types of cases, representation by an experienced Social Security disability lawyer is crucial. Your attorney can ensure that the proper procedures are followed, and they can argue on your behalf to ensure that your case will be addressed correctly and your rights will be protected.

Contact Our Plano Social Security Disability Appeals Attorneys

Navigating a denial of Social Security disability benefits can be overwhelming and stressful, but fortunately, several options are available for pursuing an appeal. The best course of action depends on your circumstances, and an experienced and reputable Dallas Social Security disability lawyer can provide guidance and representation to increase your chances of success. To learn how The Law Offices of Coats & Todd can assist with your appeal, contact us at 972-671-9922 and set up a free case evaluation.

Sources:

https://www.ssa.gov/apply/appeal-decision-we-made

https://www.ssa.gov/pubs/EN-05-10058.pdf