The Social Security Administration (SSA) rejects between 60% and 70% of initial disability claims each year. However, that doesn't mean it's time to give up. Applications are rejected for many reasons, including some that are easy to rectify.
For example, medical evidence is often missing or incomplete. The issue may be that you filed a new claim rather than appealing an existing claim. Or it may be that you haven't followed treatment advice before applying.
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There's plenty of advice out there about how to invest and ways to maximize Social Security benefits, but what you really need right now is a way to find the money you need to live. If you're not getting the answer you need from the SSA, it's up to you to file an appeal.
An attorney can be your best bet
Before diving into the appeals process, it's important to note how valuable a disability attorney can be. Social Security disability is a complex topic with many moving parts and rules that change over time. Working with an attorney who knows their stuff can help you avoid mistakes and potentially smooth the path for a more positive outcome.
Once you've carefully reviewed the denial letter and understand why your application was denied, it's time to take action. Don't wait, though. You (or a representative) must request an appeal within 60 days of receiving your notice.
Here's how the appeals process works
You have four opportunities to appeal the SSA's decision:
Step 1: Request for Reconsideration
With this form, you ask the SSA to review the decision made regarding your disability claim. You can include new medical evidence or any documentation that supports your claim. An SSA representative will consider all the evidence, including new information. You'll receive written notice of the appeal's outcome. If your claim is denied again, it's time to move on to step two.
Step 2: Hearing With a Judge
If your claim has been denied after a Request for Reconsideration, the denial letter you receive should include a form you can use to request a hearing. This is your opportunity to present your case before an Administrative Law Judge (ALJ), and that ALJ will evaluate your claim based on evidence and testimony. The hearing is typically informal and may be held in person or via video conference.
Step 3: Review of Hearing Decision
A Review of Hearing Decision is a higher-level review of the ALJ's decision. You must request a review by the Appeals Council within 60 days of receiving the hearing decision. If you didn't have an attorney before, now is a good time to hire one.
Step 4: File a federal district court action
If all other appeals fail to change the decision, you can file a federal district court action for a Social Security Disability appeal. This appeal challenges the Appeals Council's decision or, if the Council denied your request for a review, it challenges the ALJ's decision in a federal court. This appeal must typically be done within 60 days of receiving the Appeals Council's decision.
Life can easily go off-track. One day, you're busy working and learning about investments, and the next, you're in need of disability payments. Even though it may take a few steps to convince the SSA, they're steps worth taking.
