Frequently Asked Questions about Social Security Disability AppealsBy Kenton Koszdin Law Office on July 3, 2019 | In Social Security Disability
If you are disabled and unable to work and you have filed for Social Security Disability (SSDI) benefits, the last thing you want to see in the mail is a denial letter saying that you are ineligible for these payments.
What went wrong? You can’t work because of your disability, but the Social Security Administration is saying that you are able to work. Well, we would like to reassure you that almost 80% of initial SSDI claims are rejected! Most often, the denial is because the application was incomplete and did not include adequate medical or work documentation.
When your first application is denied, you should contact the SSA and ask them for Reconsideration so your claim will be reexamined by a different claims processor. Act quickly, because you only have 60 days to request Reconsideration!
However, most applications for Reconsideration are again denied, and then the applicant enters the appeals process.
SSDI Appeals Process – FAQs
- What is the next step if after Reconsideration my application is again denied? You have the right to request a hearing before an Administrative Law Judge.
- Must I attend the hearing in person? You should make every effort to attend in person. The location will be convenient for you and may be your local SSA office.
- Should I hire an attorney to help with my case? Yes! If you have not consulted with an attorney before this point, please give us a call. We have the right expertise and experience to gather all evidence to further your claim and to help present your case before the Administrative Law Judge.
- Can anyone else attend the hearing with me? Yes – bring along a family member plus any witnesses who can support your disability status.
- What can I expect at the hearing? The Administrative Law Judge will ask you questions about your medical condition. You should be ready to give specific information about how your condition affects your ability to work. There may be medical and vocational witnesses there who will be questioned about your condition and work ability.
- How will I find out the result of the hearing? You will receive the decision in writing.
- What happens if my claim has been denied at the hearing? You and your attorney can further your appeal with the Appeals Council. The Council will review your case or deny your request, or ask that the Administrative Law Judge revisit the decision.
- Is there any further step in the appeal process? Yes – if the Appeals Council denies the review or if you disagree with the findings, the next step is for you and your attorney to file a lawsuit in a federal district court.
Visit this Social Security website for more information about the SSDI appeals process.
Let Us Help You with Your Social Security Disability Claim or Appeal
If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSD) benefits, it’s important to get an attorney experienced in these types of cases involved immediately. Call our Los Angeles County office at 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home. The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.