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During your disability appeal, you might want to explain your case in your own words and provide supplemental information that may prove your need for benefits. You can also avoid saying anything on your own or avoid saying the wrong things by hiring a Social Security disability attorney from our firm.
You should formulate your appeal letter to include the information that prompted the denial. Our team has years of experience helping clients fight their claim denials. We can walk you through the process of appealing a denied disability claim.
Understanding the Appeals Process
If you have received a letter announcing the denial of your claim, you may still have options for recovering the money you need.
When you receive a notice from Social Security Administration (SSA), you have 60 days from the date of the notice to file a request for appeal. Your letter should contain the reason for the denial and the steps necessary to file an appeal of the decision. There are four levels to the SSA appeals process:
- Reconsideration
- Hearing before an Administrative Law Judge (ALJ) in person or via video
- Appeals Council review
- Federal Court review
Before moving further in the process, evaluating the information submitted thus far is essential in determining if you can add supplemental documentation to improve your case. This might include medical records, doctor statements, or other information supporting your diagnosis.
Reasons for Social Security Disability Denials
While many people don’t require legal assistance to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the appeals process can sometimes be murky. It can be beneficial to consult with a disability claims lawyer if you have received a denial of benefits letter. Common reasons for denials can include the following:
- Minor errors in the application
- Insufficient medical documentation to prove your disability
- No response from your doctor to requests for additional information
- Income above the limits for SSI
- Participation beyond the limit for “substantial gainful activity” for SSDI
- A clerical error by the examiner
- An examiner overlooking key evidence
Many of the claims submitted to the Social Security Administration (SSA) receive a denial notice. Although you are not required to have legal assistance for an appeal, it can be helpful.
Information You May Need When You Appeal a Denied Claim
If your claim was denied for any of the following reasons, you can provide evidence to help support your case. Some of the information you may need to include when you appeal a denied claim includes:
- If your claim was denied because of a lack of medical evidence: Include information missed in your initial filing and any new medical documentation you have received since your original submission.
- If your claim was denied because of a lack of work credits: For SSDI claims, work credits help to determine your benefit amount and whether you qualify. If you had a part-time job at some point that wasn’t initially included, those additional work credits could be included in an appeals letter.
- If your claim was denied because of clerical errors: Review your entire initial application for benefits. You or the staff at the reporting agency can make clerical errors. When a claim receives denial for clerical errors, these can be corrected and might be the information needed to approve your appeals request.
Changing or correcting insufficient information during appeals can significantly add substance to your claim.
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How Our Social Security Disability Lawyer Can Help You
If you are preparing to appeal a denied claim, our team can help you by:
- Gathering evidence to support your claim
- Requesting reconsideration for you
- Representing you at your hearing with an Administrative Law Judge (ALJ)
- Reminding you of important deadlines you should know about if you plan to file an appeal
- Representing you in a hearing in Federal Court
You do not have to seek the benefits you need on your own. We have experience handling denied Social Security Disability claims.
Contact Us To Learn More About the Disability Appeals Process
When faced with a denial letter, you don’t have to give up seeking your disability benefits. A Social Security Disability lawyer from Farmer & Morris Law, PLLC, can help you develop an appeals plan, gather your information, and attend hearings. Reach out to our disability team for a free case evaluation.
