Key Points of This Article:
It’s not uncommon for SSD or SSDI claims to get denied.
If your claim is denied, it does not necessarily mean that you do not qualify.
If you are denied, a Social Security Disability lawyer can help guide you through the appeals process to get your claim approved.
I was denied SSDI; now what?
This is a more common question than you might think when it comes to receiving Social Security Disability benefits. Despite the Social Security Administration’s purpose, they often deny claims that leave people without the disability benefits they so desperately need.
While this can happen because a person genuinely doesn’t qualify, more often than not, it’s the result of a person making a mistake when applying or failing to meet some strict criteria set by the SSA.
No matter the case, if you were denied Social Security benefits, our lawyers can help. Our Kentucky Social Security attorneys have been protecting the rights of the injured and disabled for 50 years. If you need help with your SSDI claim, don’t hesitate to reach out for assistance.
Why Do Social Security Claims Get Denied?
There are several reasons why a person’s SSD claim might get denied, some of which include:
Not meeting the requirements: In this case, denial is usually the result of a person making too much money to qualify for benefits, or they don’t have enough work credits.
Not having a severe enough condition: The SSA has a strict definition of what qualifies someone as officially being disabled. So if your condition is not severe enough to fall under their definition, then they will deny your claim.
Not adhering to the SSA’s strict protocols: You have to jump through a lot of hoops to get an SSD claim approved. Unfortunately, many people make mistakes during this process and fail to do everything they need to do to get approved, such as submitting all necessary medical files, submitting paperwork on time, submitting the right paperwork, showing up for consultative exams, and many other SSA requests.
The SSA not being able to contact you: If the SSA has tried to contact you but has failed, they might deny your claim. This can happen if you move and have a change of address or change your phone number.
Not having enough medical evidence: Another challenge for a claimant is being able to submit enough medical evidence to prove the extent of their condition. Again, you must meet certain criteria to be considered disabled by the SSA, and if you do not submit enough evidence to prove this, your claim will get denied.
Not following your doctor’s treatment plan: Yet another mistake that can result in a denial is failing to follow your doctor’s prescribed treatment plan for your condition. If you don’t do this, the SSA might view it as you avoiding treatment so you will stay injured or disabled, which is viewed as cheating the system.
What happens if I get Denied Disability
If your SSD or SSDI claim is denied, you should contact a lawyer to help you with your appeal. Applying for SSD benefits is challenging enough, but filing an appeal is often even more difficult.
As noted above, there are many ways that you could have made a mistake that led to your denial, but this does not necessarily mean that you don’t qualify. You simply might need to do something you failed to do the first time or submit more information. And a lawyer can help you with this.
A Social Security Disability lawyer will know exactly what is required of you to help appeal your claim. If it was due to simple errors or mistakes, your lawyer can correct these issues and help you reapply. Or if you failed to submit enough information or evidence to prove you are disabled, your lawyer can help you obtain this proof as well.
If your appeal requires a hearing before a judge, a lawyer can represent you and speak on your behalf. Court appearances can be stressful and confusing if you are not familiar with the legal process. A lawyer can help you navigate this process to ensure everything goes as smoothly as possible.
What is the Process of Filing an Appeal for an SSD Claim in Kentucky?
What happens if you are denied social security disability benefits?
If you receive a denial letter, you will have 60 days to file an appeal, so time is of the essence. You should reach out to an attorney as soon as possible to get the appeal process started.
Request a Reconsideration: First, you and your lawyer will need to file a request for reconsideration (the first appeal) of your application. During this time, you will have the opportunity to present any additional evidence you and your lawyer feel is necessary and helpful to your case.
Schedule a Hearing with an Administrative Law Judge: If your initial request (appeal) is denied, you will have 60 days to file a request for a hearing (second appeal) before an Administrative Law Judge (ALJ). The hearing will take place in an SSA office, and the judge will rule based on the evidence you provide and your testimony.
Request a Review with the Appeals Council: If the ALJ (judge) also denies your appeal at the hearing, you will have another 60 days to appeal with the Appeals Council. If the Appeals Council disagrees with the judge’s decision, they will send you back to the ALJ for further consideration.
File a Case with the Federal Court: If the Appeals Council denies your claim and you still disagree with the decision, you can file a lawsuit in the Federal District Court. To do this, you will need legal representation with a lawyer who is licensed to practice in the United States District Court in the district this lawsuit would need to be held.
As you can see, the appeals process for SSD benefits is lengthy and complex. Though you don’t technically have to get a lawyer unless you have to file a suit with the Federal Court, it is to your benefit to have one before your appeal reaches that point. With the help of a lawyer, you could get your claim presented much earlier in the process in the most compelling way.
If your SSD claim is denied and you need to file an appeal, the team at Rhoads & Rhoads can help. We represent SSD applicants throughout Western Kentucky in our Owensboro and Madisonville office locations.
Call us at 888-709-9329 or contact us online to schedule an appointment with one of our Social Security attorneys today. We offer free initial consultations, and all cases are taken on a contingency fee basis, so no initial payment is required. We get paid only if we win or settle your case, and there is NO RISK involved.