Filing an SSD Appeal to Reverse a Denial of Benefits
Know How to Appeal With a Charlotte Disability Lawyer
Start the SSD Appeal Process Today
You only have 60 days
after receiving your denial to file an appeal. It is drastically important to take action and seek legal counsel with a disability attorney as soon as you can before this strict time limit expires. With the help of a professional, you should evaluation your options for filing for an appeal, including:
- Reconsideration. You may request that your original claim be reconsidered without alteration. Typically, you will need to also include a statement declaring your right to appeal and an explanation of your medical condition that requires you to have disability benefits.
- Administrative hearing. You and your own disability lawyer can file for reconsideration directly to an administrative law judge (ALJ). The ALJ is an attorney that works for the SSA and only handles appeal claims.
- Appeals Council. A group of representatives known as the Appeals Council may deliberate the validity of your appeals case and overturn the denial. The Appeals Council does not have to accept your case at all, however. It will usually choose which cases to review at random.
- Federal court. If all else fails or no other options seem viable, ask your disability attorney if they are willing to take the claim to federal court for an ultimate decision that goes over what the SSA has already decided. The procedure will be daunting but could be the best solution for your case.
Firstly, the majority of claims will be denied the first time around. Around 70% of those who apply will receive letters that their petition has been denied. This is especially true for those who have prepared their own claims. The process of applying is not simple and the process of appealing is even less so. In fact, most folks involve an attorney after their initial claim has been denied.
But that doesn’t answer the question: Why was my SSD application denied? There can be a number of reasons for this.
Lack of Medical Evidence
In some cases, it may be more difficult than others to show that you have the disability. Fibromyalgia is a prime example of this because it relies on the subjective reporting of pain to your doctor. In that case, you may have to have multiple medical opinions to show that you, in fact, have the condition.
In other cases, you may not only need to prove that you have the disability but that the disability prevents you from sustaining gainful employment. For instance, if you have a bad knee that prevents you from walking without pain, you may not be able to work in retail where you’re on your feet all day, but you can logistically get a job in a call center.
In other words, having a disability isn’t enough. You must also show that your disability prevents you from doing work that you are qualified to do.
Most claims are denied for that reason. A doctor is not in the business of telling a patient what kind of work they can or cannot do based on a certain physical impairment (or any impairment for that matter). Their job is to diagnose and correct the problem. In many cases, this means going back to the doctor and asking them to draft a report on how your impairment prevents you from doing your job.
Failure to Follow Up on Treatment
If your doctor recommends a course of treatment and you ignore their recommendation, your claim will very likely be denied. The SSA will figure that your condition is not sufficiently severe enough to warrant your following up on the treatment. They will assume that because you didn’t follow up on the treatment, your condition is not as severe as you have led your doctor to believe.
Failure to Cooperate With the SSA
Many of those who apply to the SSA for SSD are of a naturally cranky disposition. They are likely in pain and face an uncertain future. That being said, it isn’t a good idea to antagonize those who are processing your application. Regardless of how annoying they are, you will need to satisfy any request for more information. This might mean going back to your doctor and asking them to provide the SSA that your medical condition prevents you from working. It might mean going for more tests. It can be irritating because they might not have let on that they needed this information in the first place. You can feel like you’re being given the runaround and bouncing back and forth between the SSA and your doctor’s office. It’s part of the process, however, and you will need to satisfy their requests in order to receive your benefits.
If Your Disability Claim Is Denied, a Qualified Attorney Can Help With Your Social Security Disability Appeal
If your claim has been denied, it’s not a reason to give up or panic. The process of applying for disability is tricky and there’s a lot that most folks don’t know the first time around. That’s why only 30% of those who apply for SSD are granted benefits the first time around. Most of those are airtight cases.
Chances are, if you’ve been denied, your chances of winning an appeal go up exponentially if you have an attorney build your case for you. The legal team at the Law Office of Jack G. Lezman, PLLC have years of experience helping those with disabilities get the evidence you need to make your case.
A denial is not a final decision. You do have the right to appeal. It will take time, but with the right information supplied to the SSA, your case can be approved.
Have a Charlotte Disability Attorney Represent Your Claim
For nearly two decades, our team of legal professionals at the Law Office of Jack G. Lezman, PLLC
have been representing clients through all areas of Social Security disability law
and are prepared to help you appeal your denial. By gathering evidence through reviewing your medical and financial histories, and by keeping the focus on your needs, we can work together to assist you in forming a strong, logical appeal claim that the SSA will have difficulty overlooking.