What to Do if Denied for SSDI?

Your Next Steps

If you’ve been denied for SSDI and you believe you have a valid claim, don’t give up. You are entitled to appeal the decision. You can improve your chances of success by hiring an SSDI attorney to help you file paperwork, gather evidence, and prepare for your hearing.

How to Appeal an SSDI Decision?

You have up to four opportunities to appeal an SSDI decision under SSDI laws. To do so, you’ll have to follow a specific process. You must:

1. Request reconsideration: You’ll start the appeals process by asking the Social Security Administration (SSA) to reconsider the decision it made.
2. Request a hearing: You’ll have to request a hearing with a judge if you don’t agree with the SSA’s determination.
3. Request a review with the Appeals Council: If your claim gets denied a second time during your hearing, you can request a review with the Appeals Council.
4. File a federal district court action: If the Appeals Council has also denied your claim and you still believe it to be valid, you can file a federal district court action through the US District Court with the help of your attorney. This court makes the final determination on whether to approve or deny your claim.

It’s often the case that people with valid SSDI claims get them denied several times before eventually receiving benefits. If this happens to you, you should receive back pay from the time you filed your initial application. Don’t give up hope just because your SSDI case was denied. Find a lawyer who can help.

Common Reasons for SSDI Claim Denials

Claims get denied for all kinds of reasons. Some of the most common ones include:

• Insufficient medical evidence: To strengthen your claim before your appeal, make sure all your medical records are current and complete, include physician evaluations that clearly describe your functional limitations, and attach any documentation of test results or ongoing treatment.
• Not meeting the SSA’s definition of disability: Your medical condition must prevent you from sustaining gainful employment for at least 12 months or be expected to result in your death. If the SSA determines your impairment doesn’t meet this standard, they could deny your claim.
• Work and income issues: You must have worked enough and paid sufficient Social Security taxes to earn enough work credits. You must also have earnings below the substantial gainful activity (SGA) threshold of $1,690 for an individual.
• Application errors: Technical mistakes such as missing a signature, not completing a form, or inaccuracies in your work history can trigger an automatic denial.
• Failure to follow treatment: If you don’t follow the prescribed medical treatment, the SSA may decide your condition is not disabling.

Practical Steps to Take Before Filing an Appeal

There are a few steps you can take, in addition to seeking legal counsel, that could help you get your claim approved in appeals. They include:

• Check your eligibility: Make sure you understand the substantial gainful activity limits and work credit requirements. Ask your attorney if the information you find on these subjects is unclear.
• Gather documents: You may need to provide documentation proving your medical condition, work history, education, and personal information.
• Respond to SSA notices: If you receive requests for information, you should respond to them as quickly as possible.
• Appeal on time: Your attorney can help you keep track of important deadlines. Make sure you send appeal forms in on time and keep copies of all of them.

Navigating the SSDI system can feel overwhelming, but you don’t have to go through the appeals process alone. Having an attorney on your side is the most effective way to reduce your stress during this difficult time and improve your odds of eventually getting your claim approved.

FAQs

Is It Normal to Get Denied for SSDI?

It is normal to get denied for SSDI the first time you apply, even if you meet all of the eligibility requirements in California. If your claim has been denied, you can hire an SSDI attorney in the Golden State to help you navigate the appeals process, which may require filing paperwork, gathering additional medical evidence, and attending a hearing.

What Percentage of People Are Denied SSDI?

A very large percentage of people are denied SSDI when they file their initial claims. Only 36% of initial claims get approved. You can improve your odds of getting your initial claim approved by working with an attorney who can help you fill out paperwork correctly, meet important deadlines, and gather all the information required to file a claim successfully.

What Disqualifies You From Getting Social Security Disability?

There are several things that can disqualify you from getting Social Security Disability. Disqualification occurs when applicants don’t meet the program’s strict medical, financial, and administrative rules. Common reasons for disqualification include exceeding monthly income or resource limits, improving medically, or committing technical violations, such as living outside of the United States.

What Are the Signs You Could Be Approved for Disability?

The signs that you could be approved for disability include meeting the SSA’s work requirements, having a diagnosis that meets or exceeds the SSA Listing of Impairments, and having a strong, consistent medical record showing that you are unable to work. To be eligible for SSDI, you must also earn less than the Substantial Gainful Activity limit.

Hire an SSDI Lawyer to Help With Your Claim Denial

If your claim has been denied, you need to hire an SSDI lawyer who can help you file an appeal. The team here at Gade & Parekh, LLP, is ready to help. We have over 30 years of experience with successfully representing clients facing difficulties with their SSDI applications, including initial and subsequent claim denials. We can help you resolve your SSDI case favorably. Contact us to schedule an initial consultation today.