Learning you have a condition that prevents you from working can be distressing. Learning that your application for disability benefits was rejected just adds to the stress. Maybe you have received a rejection letter from the Social Security Administration (“Social Security). One of the first things you think about might be whether you can appeal an SSDI denial of benefits. Government benefits can be complicated, but we are here to help.
First, Can You Appeal?
Yes, you can certainly try. Make sure you do these two things first:
- Read the denial letter. Social Security will tell you why it denied your application. Also, the letter contains instructions about what you can do next.
- Call your attorney. If you do not have an attorney, look for an experienced disability lawyer to help you with your appeal.
You and your attorney can review your case and decide what to do next.
How Does an Appeal Work?
If you decide to file an appeal, you usually have 60 days from the date you receive your denial letter. So, start the following appeals process before the 60 days expires:
- First, you will ask Social Security to reconsider your application.
- If they deny your request, you may then ask for a hearing before an administrative law judge (ALJ). You have about a 50-50 chance of getting approved at this stage.
- The third stage is to ask the Appeals Council (the “Council”) to hear your case. The Council may or may not allow a hearing on your appeal. If you are rejected again, only one stage remains.
- The fourth level of an SSDI appeal is to file a petition with a Clerk of the United States District Court. If the District Judge feels your case has merit, he or she may send it back to Social Security for further review.
No one can guarantee that your appeal will be successful. However, since Social Security denies more than half of first-time disability applications, it may be the best route to getting the benefits you need.
Call to Talk About How to Appeal an SSDI Denial
Many first-time claims are denied. When going through the appeal process, it helps to have someone in your corner. The attorneys at The Law Offices of Martin Taller have the experience and ability to take on your case. For a free consultation, call us at 714-385-8100. We assist clients throughout Southern California from our home office in Anaheim.