Disability Insurance Claim Denial and Reconsideration in Los Angeles: What you Need to Know
If your Social Security Disability Insurance (SSDI) benefits have been denied by the Social Security Administration (SSA), you may feel like that is the final answer. However, as discouraging as an initial denial may feel, there are still several opportunities in which you may have your application reconsidered and the initial denial overruled.
Securing your rightful SSDI benefits can be complicated and requires extensive knowledge of Social Security law to achieve success in a timely manner. It is in your best interest to consult with a Social Security disability benefits lawyer at the Kenton Koszdin Law Office in Ventura to ensure that you obtain the financial coverage you deserve. Get in touch with us by submitting an online contact form or by dialing (800) 438-7734 to set up a free and comprehensive case evaluation.
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There are several major steps to getting your denied SSDI application reconsidered and appealed. It is advised that you at least speak with a disability benefits lawyer about your particular circumstances and what to expect from start to finish.
You will have 60 days after receiving your letter of denial to write to the Social Security Administration that you would like to have your application reconsidered. It is within your rights to appeal a denial. During the reconsideration, you may submit any new evidence of your medical condition along with your file, which will be reviewed by a claims examiner and medical consultant who were not involved in the first denial.
In the event that your disability benefits are still denied after reconsideration, you can request a hearing with an administrative law judge. The judge will set the place, time, and date of the hearing. At this point, you will have the chance to defend your case with evidence and witness testimony; however, it is recommended to work with an attorney who can act on your behalf to build a strong case. It is suggested that you attend the hearing, unless your health prevents you.
After a hearing, your case may or may not go to the Appeals Council for review because the Council is notoriously picky when selecting cases. The Appeals Council may grant, dismiss, or deny a request for review without viewing it. As with any other step in the SSDI appeals process, you may submit additional medical evidence or information to support your claim.
If the Appeals Council refuses to review your case or denies your benefits, you may file a lawsuit in the LA federal district court. This step of the disability denial appeals process will move forward like a civil lawsuit, except the judges will hear the case without a jury. It is advised that you have a skilled legal representative on your side to fight on your behalf.
A knowledgeable and compassionate disability attorney can help you determine whether it is in your best interests to pursue an appeal or reconsideration of your denied SSDI claim. By gaining the information and insight of an experienced attorney, you will be able to make an informed decision about your future. The appeals process can be lengthy and complicated, and you will want to have a skilled legal advocate working for you. Contact the Kenton Koszdin Law Office to learn more about your options. We offer free in-home consultations if you are unable to visit our Los Angeles office.
Social Security Disability (SSD) and Supplemental Security Income (SSI) are typically granted based on specific circumstances. When those circumstances change, the benefit payments may stop.
Some of the most common reasons SSD benefits may be terminated or reduced include, but are not limited to, the following:
- Your medical or psychiatric condition has improved to the point where you are no longer considered disabled by the SSA.
- You return to work and engage in “substantial gainful activity,” which means you can earn a certain amount of money on your own each month.
- You reach retirement age, in which case you will begin receiving Social Security retirement benefits.
- You have been convicted of a crime and incarcerated or institutionalized for more than 30 days.
- You leave the United States for more than six months.
- You have been deported.
SSI benefits may be terminated for many of the same reasons as SSD, but the most common reason that you may lose SSI benefits is by going above the income or asset limits. Such as:
- Receiving income from private pension, alimony or unemployment
- Getting food or shelter from another source, such as a family member
- Your spouse or parent starts working or has an increase in income
If you or someone you love is receiving SSD or SSI benefits, be sure to consult with a qualified Social Security attorney to help you determine whether changes in your living situation or other circumstances may threaten your rightful benefits.
Whether you are applying for Social Security or currently receive benefits, it is in your best interests to learn what events or circumstances could make your benefit payments stop. At the Kenton Koszdin Law Office, our experienced legal team will work tirelessly to ensure that you and your family continue to receive the financial support you need. Let us help you avoid losing your benefits by calling (800) 438-7734. We are more than happy to answer your questions.