Denied Social Security Disability: What’s Next? By Matt Berry At Isnare.com Ezine Articles

Did you know, many people are denied Social Security benefits due to insufficient documentation? To support your case for Social Security benefits, document your symptoms and write down how your disability affects your job performance. Keep documentation of every doctor’s visit, record the dates of your visits and keep track of medical records from your doctors and your laboratory and test results.

More than half of people who apply for Social Security are denied Social Security benefits at the initial application level. There are many reasons why you may have been denied Social Security Disability.

Reasons You Might be Denied:
- Insufficient medical evidence
- You are working and earn more than $940 a month
- Your disability will not last at least 12 months
- You did not follow the treatment prescribed by your doctor
- You did not submit the SSA or DDS’s requests for information

I was Denied Social Security Benefits, Now What Do I Do?

Remember, you have the right to seek legal representation to help with your disability application, appeal or reconsideration request. If you are denied Social Security Disability, remember don’t give up! There is an appeal process.

1. Apply for Reconsideration:

You should first apply for reconsideration of the denial. This appeal must be filed within 60 days of the date of the application denial. A request for reconsideration involves an informal hearing within the Social Security Office where your application was processed.

For Reconsideration, You Must:
- Complete an Appeal Disability Report
- Complete a Request for Reconsideration
- Send the forms to your local Social Security office

Approximately 85% of reconsiderations are denied. If your reconsideration is denied, the next step is to go to a hearing.

2. Attend an Administrative Hearing:

You have 60 days from the time you receive your Social Security disability denial to request a hearing.

To request a hearing, you will have to complete:
- A Request for Hearing by Administrative Law Judge
- An Appeal Disability Report

Both of these forms can be completed on the internet on the Social Security Disability’s website.

In an administrative hearing, an Administrative Law Judge (ALJ) will make an independent review of your application and make a decision of your claim.

3. Appeal a Denied Social Security Claim:

If you lose at the hearing level, the next step is the Appeals Council Review. To begin the process, complete the Request for Review of Decision/Order of Administrative Law Judge and send it to your local office.

The Appeals Council rarely grants disability benefits. However, they will determine if your hearing was fair or not.

4. The Federal District Court:

If the Appeals Council refuses to review your case or denies your disability appeal, the last step is to take your case to the federal district court. You must have an attorney at this level of appeal. He or she will file a case against Social Security in District Court.

How Long Does the Appeal Process Take?

The appeal process can take a long time, sometimes years. According to the Social Security Administration, the average processing time for a request is about 7 months; but many cases may take 30 months or more.

The Benefits of Having a Social Security Attorney:

Having a Social Security attorney can significantly improve your chances of receiving social security benefits if you were denied. Attorneys know how to prepare a disability case for a hearing and they are familiar with social security rules and regulations.

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