The most common question our social security disability lawyers are asked is whether I should appeal for social security after being denied SSDI. Our lawyers have the most reliable answer for you: Yes! You should appeal for SSDI after you have been denied at least one. Amongst the vast amount of applications received only 20% are approved in the first round. Our lawyers have observed from doing the paperwork and working on individual cases with social security examiners, that claimants mostly make the mistake of not appealing to the denial. Whereas probabilistically speaking, pursuing the claim through appealing your case to the SSA stands a high chance of being fairly accepted of eventually being approved in the second go. The claim will almost always be denied after appealing for reconsideration, but stands a high chance of being approved if you follow the appeal process through hearings or other methods. Here's how to appeal to the process rightly.
Other common mistake that claimants make is
You make another claim instead of filing an appeal
Filing new disability applications over and over again is not a good idea. Probably because you may be repeating the same mistakes for the very reasons why your SSDI was denied in the first place. By contrast, those who file appeals will certainly get their case heard by a federal judge or have the appeal through other processes that will increase their chances of being accepted.
You wanted to appeal but missed the deadline
This may happen if you as a claimant are unsure of what to do next or simply did not keep up with the deadlines due to depression or anxiety after being denied social security. Or it may be that you are looking for an attorney to file your social security disability case on your behalf but were unable to find any in due time.
You failed to advocate yourself rightly
Although the Social Security Administration doesn't require you to be represented by an attorney in your hearings, it might be a good idea to have a professional disability attorney represent your case to the administrative law judge, ALJ. The attorney will know the documents needed, how to to follow the procedure properly, whom to approach for assistance such as doctors/physician and how to ask the right questions.
Reasons for denial may include:
- Failure to cooperate with your disability examiner
- Your doctor/physician not endorsing claims for your medical condition
- History of drug/substance abuse
- History of a felony in the past
- Not having enough work credits
- Attempt of fraud or lies in your application