Being disabled is difficult, but having your claim for Social Security Disability Insurance (SSDI) benefits rejected is painful. You want to make the most of your government-provided disability payments as much as you can to maximize your quality of life. But what if your SSDI application is rejected three times in a row?
An individual can request a hearing before an Administrative Law Judge (ALJ) if their application for SSDI has been rejected at least two times. The individual and their representative can present information and make arguments at the hearing. The person may appeal to the Appeals Council and the federal court if the judge continues to reject the claim.
Review the factors described in this article below, then try making another argument accordingly. An examiner will hopefully approve your application if it is submitted correctly.
Analyze The Reason Behind Your SSDI Denial
Understanding why your application was rejected is the first thing you should do after learning of the rejection. Depending on how many applications their office handles, the Social Security Administration (SSA) reviews applications in three to five months.
One case is given to each examiner to check for compliance with eligibility requirements.
Most denials include a detailed explanation of why your application was rejected. Check these to see if there is anything you can do to fix them. Ensure your application is finished correctly from the beginning if you want to succeed.
Submit all medical records of disability and proof of income or loss of it. Ensure that everything is verifiable and complete so that the examiner can review your submissions more easily.
Appealing A Social Security Decision
The first response after receiving a denial is to reapply. It would not be the best course of action and might take longer. Suppose your application is rejected in the first round. In that case, you can appeal the decision and request that a different examiner look at it.
If you are once again turned down, you can request an administrative hearing before an Administrative Law Judge (ALJ). If the ALJ denies your claim, then you can file an appeal with the Appeals Council. If the denial is upheld by the Appeals Council, then you may bring a civil lawsuit in federal court
You are given a deadline to submit your appeal at each level. Post your appeal when you get a denial letter to start the timetable. You may avoid the difficulties of missed deadlines and last-minute appeals by starting things early.
Additionally, the SSA already has a record of your application if you decide to appeal. It may boost your chances of being accepted, but it will not be a guarantee.
How To Avoid Getting Denied
Knowing what to do will help you avoid being rejected. Check out these procedures and ensure you adhere to them precisely to improve your acceptance chances.
1. Cite All Available Medical Support
You must first establish that your condition complies with the SSA’s definition of disability and is included in their Blue Book.
In most circumstances, you must present thorough medical documentation from a qualified medical professional that demonstrates your disability will keep you from working for longer than a year.
Gather all your medical records, particularly any that show how your disability developed. If there are old medical records, gather them and utilize them to support your claim of disability. It is especially important if the handicap, such as blindness or deafness, is not immediately obvious.
2. Show Evidence Of Income
To be eligible for aid, you must meet certain income requirements. Present evidence that you lost your job and cannot find employment again or that your household cannot meet your needs. For speedy clearance, be as thorough as you can.
3. Keep Appealing
Once you have determined the causes of the refusal, fill out the appeal forms that may be obtained on the SSA website. There are forms to be utilized for denials for various reasons, such as medical or income-related grounds.
Just be aware of the deadlines within which you must file your appeal. Keep in mind the due dates.
4. Follow Treatment
Applications that were rejected have been given treatments to overturn the judgment. Following the directions in your denial letter, which will be included, is preferable. If your application has been rejected, you can visit the SSA website to learn about the various remedies and steps.
Be thorough and double-check that all instructions have been followed when completing the course of treatment. You will save yourself the hassle of another denial by doing this.
5. Show Cooperation
The lengthy procedure might be annoying, especially if you keep getting turned down. Be understanding and helpful during the entire procedure. Give the information asked and arrive on time for the interview. Find out why the local SSA rejects you by working with them, then do what they ask immediately.
Ask them about anything unclear or that makes sense if you have any questions. You can win over the SSA examiners by being honest about your perplexity and being modest. They will be understanding and supportive as you work through the application procedure to succeed.
6. Keep Trying With Your Application
Although it can be difficult, getting disability help is not impossible. Do not give up, even though you have been turned down multiple times. Examine the grounds for the denial with care, and if you are still uncertain, speak with a qualified disability attorney to better understand your circumstances.
Your benefits will be worthwhile once you have cleared the initial obstacle of being accepted. To increase your chances of being authorized, provide all necessary information up front and take all necessary action.
SSDI Lawyers
Applying for SSDI is a difficult process. It can take a very long time to reach a decision; on average, it takes seven months. Therefore, working with a lawyer can help your case turn out much better and, at times, faster.
Following federal legislation, applicants may consult attorneys without paying upfront costs. This statute allows you to pay an attorney who assists you in applying for SSDI benefits up to 25% of the disability back pay award as compensation for their legal services. If your claim is denied, you are not responsible for paying the attorney’s fees.
Conclusion
It might be devastating to get a Social Security Disability Insurance denial, but it is crucial to realize that several appeals may be required. The likelihood of acceptance can be increased by understanding the reasons for the denial and supplying thorough medical documentation and income proof.
It is essential to adhere to the requirements and always cooperate, never giving up on the application. Without incurring any upfront costs, working with an attorney can also help the case’s outcome. It is possible to get approved for SSDI benefits with perseverance and patience.
2 Responses
i have went before a judge three times. i keep getting denied. i am not able to work and have taken numerous doctors reports to the the lawyer for submission. The last letter i got from social security basically said i was getting denied for the same reasons i got denied for the other two times. (1) What should i do? (2) If i get another hearing how can i get a different judge?.
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