What To Do When Your Social Security Disability Benefits Are Denied
Appealing within a 60-day timeframe of a decision is critical to your case. If your case was denied and you do not file an appeal within the allotted 60 days, you must reapply.
If you reapply, you can lose out on backpay benefits that you may have otherwise been entitled to. What’s more, applying means that you need to have new evidence for the new application, and it becomes a new case. Therefore, everyone should appeal within the deadlines that are provided.
This is why you need to have an attorney involved to help you get an appeal filed in a timely fashion. The more evidence you have for an appeal the better. If there’s new evidence that exists, you need an attorney who will be able to gather that evidence and get it to social security promptly and effectively.
What Happens When Your Application For Benefits Is Denied
Most social security disability applications and requests for reconsideration are denied – causing many applicants to file a request for a hearing.
If your SSD benefits application is denied, you will likely receive a Notice of Reconsideration. In the Notice of Reconsideration, you will see standard language that says something along the lines of:
“While we have found that you have medical conditions that may interfere with your ability to work, we do not believe that these conditions meet the rules and regulations to allow you to qualify for disability.”
The most common reason that cases are denied is that there is not enough evidence to support the disability claim. That’s why you need an attorney that is specialized in this area – so that you have the help you need to provide the medical evidence that is necessary to win your case.
Steps To Take When Your Claim Is Denied
If you do not have an attorney helping you with your case, the denial letter will be mailed to the address you gave when you made your application (or when you filed the appeal). If you do have an attorney, the denial will be mailed to both you and to your attorney.
Once you have received a denial letter, the clock starts ticking. At this point, you have to work fast to compile all the new information and evidence about your case to present in your appeal.
If you decide to work without an attorney, this step can be incredibly stressful. However, those who have an attorney are able to take a step back and let their lawyer collect all the information that is needed. What’s more, working with a legal expert can give you the peace of mind that comes with knowing every form is the right form, that every answer is filled out correctly, and that the appeal will be filed at the appropriate time.
How To Appeal Your Denial And Be Successful
While you don’t have to have new evidence to file an appeal, you do need to make sure the social security administration has evaluated all your evidence.
A lot of decisions from the social security administration will list different providers that they requested medical evidence from, and it will say “No report received”.
This is because the social security administration will often request medical evidence, but they won’t follow up on actually getting the information they need. Because no follow-up occurs and evidence is missing, they go ahead and make their decisions without it.
What’s more, you may have new evidence regarding the development of your symptoms, treatment, and other changes that have occurred during the period that you were awaiting the first decision. Compiling and submitting this evidence upon your appeal can provide yet another reason for your claim to be approved.
(It should be noted: If you have lost your case, exhausted your administrative remedies, and have started a new application, you would need new medical evidence to be considered again.)
What To Do If You Are Denied More Than Once
If your case goes through each stage of appeals, (from the initial application to the request for reconsideration), it will be seen at its final stage before an administrative law judge.
But what happens if you go before a judge and that judge still issues an unfavorable decision?
If you lose your case at the hearing level, a judge will issue a written decision detailing why your testimonial or your medical evidence was not found to be credible.
After this happens, your only other option to pursue the claim lies in taking the case to federal court. To do this, you would file the appeal of the administrative law judge’s unfavorable decision to the Appeals Council within 60 days of its issuance.
For more information on Social Security Disability Law In Arkansas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 253-2226 today.