Social Disability Lawyer Blog

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Denied SSDI. What to do?

Denied SSDI, here is what to do.

Denied Social Security Disability might be a frightening experience for you and your family. Especially if you are the bread winner and have dependents but can't go to work due to your disability.

Although each year almost 79% of the total SSDI applications are denied, applying for social security disability in the right way may be the key for your application acceptance.

If you applied for social security and have been denied once or twice, or if you want to apply but are afraid you might be denied, do not panic. Here's what you can do:

  • Appeal for your denial to the SSA

If you think the denial might merely be due to a mishandled information on SSA's behalf you may file for an appeal to the SSA directly for reconsideration without having to file the SSDI application again

  • Appeal for hearing by a judge

If the SSA denies your application, you can appeal for the disability claim denial before an Administrative Law Judge (ALJ) provided that you are within the appeal submission deadline (12 months from filing of your initial appeal). However, the hearing from the administrative law judge (ALJ) can take anywhere between 3 months to 36 months' time depending on the availability of the ALJ for hearing. In 2018, the ALJ's in the state of California were given 500-600 cases annually for hearings, but they managed to hear only 400 of them due to the vigorous screening criteria and time constraints regarding each case.

  • You can file another claim if your disability was denied on medical records

If your disability application was denied merely because your medical records were not sufficient or if your disability was not proved severe according to the Blue Book, you may file another disability claim with the help of an attorney if your disability has now worsened and you think you might be eligible in the Blue Book of disabilities.

  • If you are denied again by the ALJ you can appeal to the Appeals Council for hearing

It is very difficult but not impossible to overturn the administrative judge's decision. But if you think you qualify rightly under the disability eligibility and SSDI wage requirements, then you may appeal for reconsideration to the Appeals Council if the ALJ has denied your appeal. It may take anywhere between 261 to 300 days for the Appeals Council to hear your case. You should appeal to the administrative council within 60 days of ALJ denying your appeal.

  • If you are denied by the court you can appeal to the Federal District Court

You may appeal to the Federal District Court if your appeal is denied by the Appeals Council. However, the time frame for your hearing by the Federal District Court could not be stated as it is not specific.

  • Your last resort: Supreme Court of US

You may choose to appeal to the US Supreme Court only after you have fought in all of the above platforms for your case and are pretty sure that you should qualify for SSDI claims. The time frame for the Supreme Court or District Court is not defined for social security disability hearings.

Other than that, hiring a qualified Social Security Disability Attorney can help you fully understand and prepare for your appeal as well as ensure that you are doing the paperwork properly.

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Monday, 01 June 2020