Steps to Take if Your SSDI Claim has Been Denied

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Has your request for Social Security Disability Insurance recently been denied? If you are unable to retain employment due to an illness or injury, you may have been waiting for some time for a response. In fact, the process from diagnosis for your disability to eligibility can be cumbersome as you will have to prove to the Social Security Administration (SSA) the validity of your claim. If this has been the case, it’s probable that you and your family may be financially struggling due to your inability to earn an income. Receiving notice that your SSDI claim has been denied can be disheartening. It’s not uncommon to feel as though you have nowhere to turn as a result. The following are helpful steps you may be able to take if your SSDI claim has been denied:

Step #1 Reason for the Denial

According to research, nearly 70% of all disability claims are initially denied. As a result, many do not pursue SSDI. This is unfortunate because an initial denial of SSDI doesn’t necessarily mean that benefits are unattainable. It’s important to obtain the reason for the denial. In some situations, there may be a reasonable way to solve the problem. In most cases, a notice of denial is sent to the address of the person pursuing SSDI. The information included in the notice of denial may not provide you with much detail in regards to the reason. This is where an attorney can be helpful in deciphering the best way to move forward. Common reasons SSDI may be denied include: 

  • Incorrectly or incompletely filling out SSDI forms
  • Not providing enough evidence to support your need for SSDI
  • Failing to participate in treatment recommended by your medical team
  • You have filed a new SSDI claim after a previous denial

The process to follow can be complicated and cumbersome for someone who is not well versed in SSDI. Contacting an attorney may be the best option for managing the appeals process to follow. 

Step #2 File an Appeal

Some may make attempts to circumvent the appeals process altogether by filing a completely new SSDI claim. This is not advisable as it may hurt your chances of ever obtaining the benefits you are in need of. In addition, the process may be prolonged as a result. An appeal should be filed within the time frame indicated by the SSA. Failure to do so may require that you begin the process all over again. However, when initiated within the proper time frames, an attorney will be able to support you as you encroach upon this process by:

  • Initiating the process by requesting a reconsideration of your claim
  • Helping to gather additional documentation and evidence to include within your reconsideration request
  • Representing you in a hearing before a judge

Step #3 Employ a Disability Attorney

Although it’s possible to pursue SSDI without an attorney’s assistance, once you receive a notice of denial, it may be a good idea to contact them for their services right away. They can help to determine the reasons for the denial, and gather further information regarding the best way to remedy the situation. 

Whether you are ultimately able to over turn your SSDI denial will depend on your unique situation. A denial for SSDI can feel as though there is nowhere left to turn. It’s important to note that you may still have a chance at obtaining the benefits that you are desperately in need of. Consulting with a Bristol social security disability lawyer for benefit denials may be your best chance at determining whether you are able to obtain an outcome that is in your favor. 

Thanks to The Law Offices of Mark T. Hurt for their insight into social security law and denied claims.

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