Dealing with denial of disability can be a frustrating and overwhelming process. It’s important to remember, however, that you do have options and resources available to you. Here are some steps you can take if your disability claim has been denied:
1. Understand the Reasons for the Denial
The first step in dealing with a denied disability claim is to understand why it was denied. The Social Security Administration (SSA) provides an explanation of their decision in the letter they send to claimants. This letter will explain the evidence that was considered, how the evidence was weighed, and the reasons for the decision.
Understanding why your claim was denied can help you identify any weaknesses in your application or any missing information that may have affected the decision.
2. Consider the Possibility of an Appeal
If you believe that the SSA made an error in their decision, you may be able to appeal the denial. There are a number of things to consider before you decide to appeal.
You should carefully review the SSA’s explanation of the denial decision. Look for any mistakes or omissions that may have led to the denial. You should also consider the strength of your initial application. If you believe that you can provide additional evidence that will support your claim, then an appeal may be a worthwhile option.
Keep in mind, however, that appealing a decision can be a lengthy and complicated process. It may take several months or even years before you receive a final decision. Additionally, you may need to hire an attorney to help you through the appeals process.
3. Contact an Attorney
If you have decided to appeal the SSA’s decision, it may be beneficial to hire a disability attorney. An experienced attorney can help you navigate the complex appeals process and ensure that your case receives the attention it deserves.
When looking for an attorney, look for someone with experience in disability law. A good attorney will be able to evaluate your case and provide you with guidance on how to proceed. They can help gather additional evidence, draft legal briefs, and present your case in front of an administrative judge.
Keep in mind that most disability attorneys work on a contingency basis. This means that they only get paid if you win your case. They will typically take a portion of your retroactive benefits as their fee.
4. Request a Reconsideration
A reconsideration is the first step in the appeals process. If you choose to request a reconsideration, your case will be reviewed by a different SSA examiner. This examiner will review your application and any new evidence you have submitted.
If you choose to request a reconsideration, you should do so within 60 days of receiving the initial denial letter. You can request a reconsideration online or by mail. You should include any additional medical evidence that you have obtained since your initial application.
5. Request a Hearing
If your reconsideration is denied, you can request a hearing in front of an administrative law judge. The hearing is an opportunity for you to present your case and explain why you should be awarded benefits.
Before the hearing, you and your attorney will have the opportunity to review the evidence in your case. You may also be able to present additional evidence or testimony from witnesses. The administrative law judge will review all of the evidence presented and issue a decision on your case.
If you choose to request a hearing, you should do so within 60 days of receiving the reconsideration denial letter. You can request a hearing online or by mail.
6. Prepare for Your Hearing
Preparing for your hearing is an important step in the appeals process. Your attorney can help you gather additional evidence and prepare your case. You should also be prepared to discuss your condition and how it affects your daily activities.
During the hearing, the administrative law judge may ask you questions about your condition, your medical treatment, and your work history. You should be honest with the judge and provide detailed information about your condition and how it affects your life.
7. Attend Your Hearing
Attending your hearing is critical to the success of your case. If you fail to show up for your hearing, your case may be dismissed. Make sure you arrive at your hearing on time and dressed appropriately.
During the hearing, the administrative law judge will question you and any witnesses you have brought. The judge may also ask questions of medical or vocational experts who are present. Make sure you listen carefully to all of the questions asked and provide honest and detailed answers.
8. Receive the Decision
After your hearing, the administrative law judge will issue a decision on your case. This decision will be sent to you in writing.
If your request for benefits is approved, you will begin receiving payments shortly after the decision is made. If your request is denied, you have the option to request review by the Appeals Council or to file a lawsuit in federal court.
The process of appealing a denied disability claim can be overwhelming, but it’s important to remember that you have options. By understanding the reasons for the denial, seeking the advice of an experienced attorney, and preparing thoroughly for your hearing, you can increase your chances of success.