Handling Denied Disability Claims
January 28, 2024
Receiving a denial for your Social Security Disability claim can be disheartening and stressful. After all, you've likely been counting on those benefits to provide crucial financial support during a challenging time. However, it's important to remember that a denial is not the end of the road. With the help of a skilled lawyer, you can navigate the appeals process and work towards securing the benefits you deserve according to a social security disability lawyer with our friends at Ted A. Greve & Associates.
Understanding The DenialBefore delving into the next steps, it's essential to understand why your disability claim may have been denied. Common reasons for denial include:
- - Lack of Sufficient Medical Evidence: Your medical records may not provide enough evidence to establish the severity of your condition or its impact on your ability to work.
- - Incomplete Application: Errors or missing information in your initial application can lead to a denial.
- - Failure to Meet Requirements: You may not meet the specific requirements outlined by the Social Security Administration (SSA) for disability benefits.
- - Earning Too Much: If you are working and earning above the substantial gainful activity (SGA) limit, you may be denied benefits.
Consulting A LawyerWhen your claim is denied, it's highly advisable to seek the knowledge of a lawyer. These professionals specialize in disability law and have experience in handling denied claims. They can be invaluable allies in your pursuit of benefits. They also are able to get in touch with the proper authorities for your case, which can be difficult to do if you are attempting to take on your case by yourself.
Step 1: Request A ReconsiderationThe first step after a denial is to request a reconsideration. This involves having your case reviewed by a different claims examiner who was not involved in the initial decision. Your lawyer will assist you in gathering any additional medical evidence and documentation necessary to strengthen your case.
Step 2: File For A HearingIf your reconsideration is also denied, the next step is to request a hearing before an administrative law judge (ALJ). This is a crucial stage in the appeals process, as it allows you to present your case in person. Your lawyer will help you prepare for the hearing, gather witnesses, and ensure that your medical records are up to date.
Step 3: Presenting Your CaseDuring the hearing, your lawyer will advocate on your behalf, presenting evidence and arguing why you should be awarded disability benefits. They will highlight the severity of your condition and how it affects your ability to work and perform daily tasks.
Step 4: Appeals Council And Federal Court ReviewIf your claim is denied at the ALJ hearing, you have the option to appeal to the Appeals Council and, if necessary, take your case to federal court. These are advanced stages in the appeals process and may require legal knowledge to navigate effectively.
Why A Lawyer Is Essential
- - Knowledge: These lawyers specialize in disability law and are well-versed in the complex regulations and requirements of the SSA.
- - Access to Medical Experts: They have access to medical experts who can provide additional opinions and testimony to support your case.
- - Case Preparation: Lawyers know how to build a strong case, gather evidence, and present it convincingly during hearings and appeals.
- - Increased Chances of Success: Statistics show that claimants who have legal representation are more likely to be approved for disability benefits.
- - No Upfront Fees: Most lawyers work on a contingency basis, meaning they only get paid if you win your case.