If your social security disability (SSD) claim has been denied, know that you are not alone. In fact, the SSA denies the majority of claims. Because of this, you must appeal the denial if you still want to pursue benefits for your disability. To increase your chances of succeeding in your pursuit, you must understand the appeals process and work with an experienced disability attorney. You can check this out to find a good attorney.
Reasons SSD Claims are Denied
Your SSD claim can be denied if the SSD thinks you are not entitled to benefits based on the laws and regulations of the agency. This may be the agency’s decision if your disability does not meet their criteria, you are working and still earning income, you failed to give sufficient medical evidence of your disability, failed to follow the treatment plan of your doctor, and failed to apply for benefits promptly. Thankfully, you have the right to appeal the denial.
What to Expect from the SSA’s Appeals Process?
If your SSD claim has been denied, you have different opportunities to appeal the decision. These include the following:
- Reconsideration. This involves requesting that the agency reconsiders the claim denial. This decision will be made by another SSA employee. Your request for reconsideration can be based on medical or non-medical reasons because of overpayments or income.
- Hearing before an administrative law judge (ALJ). You can also appeal the claim denial and ask for a hearing. In this case, your claim will be reviewed by an ALJ who will decide your eligibility for benefits.
- Appeals Council review. If the decision of the ALJ is not favorable for you, you can request the Appeals Council to review your claim. The Council may grant or deny your review request. If they grant your request, they may return your SSD claim to an ALJ to be reviewed further.
- Federal court review. If your appeal is denied, declined, or dismissed by the Appeals Council, you can file a lawsuit in federal court to challenge the decision of the Council.
How Much Time Do You Have to Appeal a Claim Denial?
Typically, you have sixty days to appeal an SSD claim denial. Missing this deadline can result in you being barred from filing an appeal. A disability attorney can help you determine the exact deadline in your case and make sure you submit an appeal before this deadline expires.