If you suffer an injury or develop a medical condition that disables you from working, you might apply for Social Security disability benefits. Although the Social Security Administration denies a large number of SSD and SSI claims on initial submission, it offers an administrative appeals process that allows applicants to challenge the denial of their disability benefits claims.
Step 1: Review the Denial Letter Carefully
First, you should review the denial letter from the Social Security Administration carefully to understand the reason(s) for the SSA’s denial of your SSD benefits application. Determining why the SSA denied your application can help you develop a legal strategy for an appeal, including identifying additional evidence you may need to supplement your claim. Furthermore, the letter will also advise you as to what evidence the SSA considered in rendering its decision and the deadlines for you to begin the administrative appeals process.
Step 2: Gather Additional Evidence
When filing an administrative appeal of a denied SSD claim, you may need to collect additional evidence to address the deficiencies in your application that led the Social Security Administration to reject your initial application. For example, you should gather your most recent medical records and have your treating providers draft reports to opine how your condition prevents you from working.
Step 3: Request Reconsideration
The first stage of the administrative appeals process in an SSD claim involves requesting reconsideration. You have 60 days from the date on the denial notice to request reconsideration. In reconsideration, you can submit new or additional medical evidence or correct errors or deficiencies in your application paperwork to address the reason(s) why the Social Security Administration denied your application.
Step 4: Request an Administrative Hearing
Should the Social Security Administration uphold the denial of your disability benefits application upon reconsideration, you can request a hearing before an Administrative Law Judge. During this hearing, you can present medical evidence and witnesses who can testify on your behalf, such as your treating physicians or other medical or vocational experts. Having legal representation at the administrative hearing is very important and will improve your likelihood of success. An experienced Social Security disability lawyer will understand applicable laws and regulations and can argue for why your medical impairments qualify you for disability benefits.
Step 5: Request Review by the Appeals Counsel
In the final step of the administrative appeals process, you can request review by the Social Security Administration’s Appeals Council. The Appeals Council can review the SSA’s and the ALJ’s decisions for procedural or legal errors. Applicants may only submit new or additional evidence during review by the Appeals Council in limited circumstances. The Council may either deny review and uphold the ALJ’s decision, or grant review and either decide the case or return it to the ALJ for further consideration.
Step 6: File Suit in Federal Court
Once you’ve exhausted the administrative appeals process by requesting review from the Appeals Council, you may further challenge the denial of your disability benefits application by filing a civil action in federal district court to seek judicial review. Again, having legal representation when pursuing judicial review of your application can become critical due to the complexity of court procedures.
Contact an SSD Attorney Today
The best time to contact a representative is before you file your claim for benefits. If the Social Security Administration has denied your initial application for disability benefits, you have the option of pursuing the appeals process. Let an experienced Social Security disability lawyer guide you through the process of filing and if necessary, appealing the denial of your application. Contact Crowe & Shanahan today for a free, no-obligation consultation.