What to do after an SSDI or SSI denial
- Read your denial notice carefully. Find out why the SSA denied your claim and determine what level of the appeals process you are currently in.
- Do not miss the appeal deadline. In most cases, you have 60 days to request an appeal. If you miss the deadline, you may need to establish good cause for filing late.
- Request the appropriate appeal. Depending on where you are in the process, this may be a request for reconsideration, a hearing before an Administrative Law Judge (ALJ), Appeals Council review, or, in some cases, review in federal court.
- Identify what evidence is missing or needs clarification. Medical records, treatment history, opinions from medical providers, work history, and information about how your condition limits your ability to function can all be important to an appeal.
- Consider speaking with a Social Security disability attorney. An attorney can review the denial, identify potential weaknesses in the original claim, help gather relevant evidence, and represent you through the appeals process.
The most important thing is to act promptly. A denial of your SSDI or SSI claim does not necessarily mean you are ineligible for benefits, but waiting too long to appeal can jeopardize your ability to continue pursuing your claim.
If your Illinois Social Security disability claim has been denied, Jeffrey A. Rabin & Associates can review your case and explain your options. Contact our Illinois SSD appeals attorneys for a free case evaluation.
Why Was My Disability Claim Denied?
Many disability claims are denied simply because sufficient medical evidence wasn’t provided in the application. This issue can stem from not gathering adequate medical records, not seeing a proper specialist, or because the evidence provided was misinterpreted by the SSA.
Additionally, sometimes a claimant’s impairment(s) may not meet the criteria to be considered a qualifying disability. Qualifying disabilities are listed in the Blue Book and divided into specific categories. However, if your disability is not listed, you may still be eligible for benefits if your condition prevents you from taking part in Substantial Gainful Activity (SGA) and therefore earning a living wage. In this case, you will need to prove your disability meets or equals a listing in the Blue Book.
A claimant may also be eligible for benefits if they have several conditions which, cumulatively, cause the same level of impairment as a qualifying disability.
Reasons Disability Claims are Denied
There are several reasons a claim might be denied by the SSA even if the claim is legitimate. Some of these include the following:
- Inadequate Medical Information
- Claimant is Below Age 50
- Rigorous Screening Processes by the SSA can Lead to Skepticism
- History of Disability Denial
- SSA Did Not Have Sufficient Evidence About Your Functional Limitations
Denied Social Security Disability? Do These 5 Things First
- Find your denial notice.
- Identify the date on the notice.
- Determine which appeal level applies.
- Gather your medical and employment information.
- Get legal advice before the deadline expires.
How Do I Appeal a Denied Social Security Disability Claim?
When your disability claim is denied, working with an SSDI/SSI appeals attorney is essential to obtaining the benefits you need.
What is the Social Security Disability Appeals Process?
You will have 60 days from the date of your claim denial letter to file an appeal. Your lawyer will go over your original claim to find exactly what was not done appropriately. Additionally, your attorney will examine the SSA’s reason for denial and ascertain whether their decision was based on lack of evidence, improper filing, or some other reason.
When you appeal a denied Social Security disability claim, you request the next level of review and may need to provide updated information or additional evidence supporting your claim. Your attorney will help you file a Reconsideration Request. Many of these types of requests are denied, in which case the next step is requesting an Administrative Hearing with an Administrative Law Judge.
If your appeal is denied at the hearing, the next step is to file a Request for Review with the Appeals Council. If this review is not successful, you can then file a suit in the Federal district court.
Having a qualified attorney on your side to assist in your appeal is essential to increase your chances of receiving the benefits you need. At Jeffrey A. Rabin & Associates, we know the ins and outs of complex disability appeals. From early stages of filing a Reconsideration Request to Federal court, our legal team is available to help you through any part of this difficult process.
Work With Our Illinois Disability Claim Denial Attorneys
Are you searching for a trusted law firm to help you file an appeal for disability benefits after being denied by the SSA? At Jeffrey A. Rabin & Associates, you can count on our team to help you through the process. With decades of experience in SSDI and SSI law, our disability attorneys know how to help clients fight for their rights.
Call us today to request a free case evaluation.
