Was your Social Security disability claim recently denied? You’re not alone. Social Security Disability Insurance (SSDI) claim denials are common; in fact, the majority of benefits claims are denied the first time. There are many reasons for claims denials, and the good news is that a denial isn’t the end of the road. You have the right to appeal a decision made by the Social Security Administration (SSA). Depending on the reasons for your denial and the circumstances surrounding your case, you may have different options for what to do after your SSDI claim is denied.
Reconsideration
The first step to take in SSDI denials is to file for reconsideration. Using Form SSA-561, you can apply for the SSA to reconsider their decision. The case will be reviewed by a member of the administration who didn’t take part in the initial denial. They will then review your case, including all the evidence first presented as well as any additional evidence you add to support your claim. Because medical evidence plays such a significant role in SSDI claims, you should consider working with a Social Security disability attorney to make sure that the evidence you present increases your chances of an approval. For example, if the SSA determined that your condition isn’t considered a qualifying disability and you disagree, you should ensure that your claim includes relevant information that helps your case.
Hearing
The next form of appeals comes in the form of an administrative hearing using Form HA-501. You will present your case to an administrative law judge, who will again review the evidence presented in your case. Once you request a hearing, it’s important that you watch out for any mail regarding the status and dates of your hearing so you can arrive prepared. You can choose to appoint a representative to handle the hearing on your behalf. During the hearing, the judge will ask questions of you or your representative as well as any witnesses you may have.
Appeals Council Review
If your hearing ends in a denial, you can take the process one step further with a review by the Appeals Council. A hearing with the Appeals Council isn’t guaranteed, however; they can deny or dismiss your claim based on previous decisions. If they do review your case, they can either approve or deny your application or send the decision back to an administrative law judge.
Federal Court Review
You have one final option if the Appeals Council denies or dismisses your appeal: filing a civil suit in Federal court. Where you live in Arkansas will impact the location of the court where you’ll file.
The Importance of Filing an Appeal in a Timely Manner
Appealing an SSDI claim denial is your right, but you must remember that you only have 60 days to begin the appeals process. The SSA handles tens of thousands of appeals each year, so time is of the essence. To improve your chances and ensure that your appeal is filed correctly, you should discuss your options with a Social Security disability attorney as soon as your application is denied.
At L. Jennings Law, we work with clients across Arkansas with filing SSDI applications and appeals. Contact us today to see how we can help you with your SSDI case.
