The application process for Social Security Disability Insurance benefits can be frustrating. It seems to take too long to receive benefits, even after you have submitted correct paperwork with supporting documents. Being denied SSDI when your doctor says you can’t work is an especially trying result. However, there are ways to defend against an SSDI denial.
You Can Request Reconsideration.
It’s important to act quickly. In most cases, appeals must be filed within 60 days after the date of the denial. If you need to file after the 60-day limit, you’ll need to show good reason for being late.
It’s also critical that you get the right help. A qualified disability law attorney understands the process and will try to make it work for you.
After filing your appeal, you’ll receive a decision. If you disagree with the decision, you can move to the next step.
You Can Ask for a Hearing.
An administrative law judge who did not participate in the original denial or the reconsideration decision will hear your case. You’ll receive notice of the time and place and may be asked to provide additional information. For example, the medical report from your doctor stating you cannot work could support your claim.
You and your representative may attend the hearing to discuss your appeal with the judge. After the administrative law judgment makes a decision, you’ll be notified by letter.
If you have still been denied, despite evidence from your doctor that you are disabled, you make proceed to the next phase of your appeal.
You Can Appeal to the Appeals Council.
Denials may be appealed to the Social Security’s Appeals Council. There is not automatic right to a hearing – the Council may deny your request for review if they feel the previous decision was correct.
If they decide to review your case, they typically issue one of two decisions:
- Either the Council will decide your case; or
- The Council will return your case to the administrative law judge for further review.
Some people are still denied at this point. If you feel your denial was wrong, you still have one option.
The Last Resort.
If the Appeals Council declines to review your case or denies your appeal, you may have to file a lawsuit in federal court.
Have You Been Denied?
Don’t give up! The attorneys at The Law Offices of Martin Taller have more than 50 years’ experience with Social Security Disability Insurance cases. For a free consultation, call us at 714-385-8100 or use our convenient Contact Form. Though our office is located in Anaheim, we assist clients throughout Southern California.
