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Should You Appeal an SSDI Denial?

By Kenton Koszdin Law Office on October 27, 2014 | In Social Security Disability

If your request for Social Security Disability Insurance (SSDI) has been denied, you are not alone. It is difficult to secure rightful SSDI benefits, and claims are often denied for small, fixable mistakes. A denial does not mean that you are out of options. The initial denial may feel discouraging, but you have the right to have your application reconsidered. With guidance, you may even be able to have the denial overruled.

First, it is important to have a social security disability attorney help you evaluate why your claim was denied. Do not hesitate to seek help as you only have 60 days upon receiving your letter of denial to request for your application to be reconsidered. You have the right to appeal the denial and you can even provide new evidence to help your case. It is advisable at this time to provide additional support for your claim such as new evidence of your medical condition. What you provide will be reviewed by a medical consultant and a claims examiner who were not involved in your first denial.

Even if your reconsideration is denied, you may still have an opportunity to prove your case. If you are denied a second time, you can request a hearing in front of an administrative law judge. Then, you will have a chance to defend your case with witness testimony and with new evidence.

Depending upon how the hearing goes, you may have a chance to go to Appeals Council for review. The Appeals Council does not take many cases so they may dismiss or deny your request for review without even evaluating your case. If this happens, you can still pursue benefits by filing a civil lawsuit. At this point, your case will be handled similar to a civil lawsuit except there will not be a jury present.

In other words, the claim process does not end with a first denial. There are a number of opportunities available to help you get the support you need. If your claim has been denied, speak with a disability attorney right away to learn about your legal rights and options.

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