What are Your Options if Denied a SSDI Claim?$$ DiCesare, Davidson & Barker, P.A.
If your Social Security disability benefit claim is denied, you are left with few options. Unfortunately, many times people take the initial denial as a final decision and give up on the SSDI process. If your claim is denied, it is essential that you immediately appeal the decision. After receiving your denial notification, you are allowed 60 days to appeal.
A claimant has a much higher chance of being awarded benefits during the Social Security disability appeals process rather than filing a new application. Many claimants are mistaken in their belief that filing a new application will result in being awarded benefits. In reality, subsequent applications are likely to be denied for the same reason as the initial application.
Why is this? Because even though a new claim has been filed, nothing has changed in the approval process. Just like before, an initial claims examiner at the disability determination services (DDS) will review the exact same medical evidence and inevitably reach the same conclusion as the first examiner.
Furthermore, filing a new application will result in a new filing date. On the chance that the claimant is later approved for benefits, they could potentially lose a substantial amount of disability back pay because of the new filing date.
Hire a Disability Attorney
A large majority of SSDI claims are denied at the initial claim and reconsideration levels. This results in most SSDI claims requiring a hearing in front of an administrative law judge before a claimant is likely to receive any benefits. It’s at this point where a disability attorney becomes a vital asset. A Social Security lawyer guarantees that your case will be properly handled and well prepared prior to the hearing date.
The average SSDI claimant is unfamiliar with the claims process and simply lacks the knowledge to prepare a convincing and factual disability case for a hearing. An attorney, on the other hand, has a high level of expertise with Social Security rules and regulations. An experienced Social Security attorney will know what information a judge requires and will be adept at knowing what specific questions to ask your doctor.
Because the vast majority of disability attorneys get paid on contingency, meaning only if your claim is successful, it is always advisable to seek assistance. If an attorney believes you have a legitimate claim, they will do everything possible to give you the best chance of being awarded benefits. This includes gathering important medical records and test results and obtaining detailed records and statements from your treating physicians. At the time of your hearing, you can be assured your attorney will apply a thorough and practical understanding of SSA regulations and prior rulings to the disability review process.