Though the statistics vary each year, there is an annual Social Security Disability Insurance (SSDI) denial rate of initial applications of more than 60%. It can be extremely worrisome – and difficult not to become discouraged by failed applications – but one should not give up on your application for disability benefits.
The process is long and quite complicated, but one of the main issues is not knowing why your claim is rejected in the first place. If your claim has been denied, we explore some of the things that could point you in the right direction for your appeal.
Gather new evidence for your appeal
If your case has been denied, you may be surprised to hear that your case may not be reconsidered or strengthened at all if your condition has not worsened. If your injury or illness has been more disabling since your previous application, this is an excellent opportunity to seek new medical evidence for your case.
Stay up to date with medical treatment and keep gathering new details about how your impairment functions. Talk to your physician about how your disability has impacted your problem with work, as this will give the much-needed evidence from your physician that you: could not cope with work demands, are unable to sustain a full-time job (8 hours a day, 5 days a week), or that you require time off work for at least the next 12 months.
Bear in mind that advocating for functional impairment, as well as your application for disability benefit, will restrict you from entering the workplace. However, through various ‘work incentives’, programs do encourage people with injury, illness, or disability to remain productive in the workplace.
The Social Security Administration (SSA) will need more compelling information to overturn their original decision, as most cases are initially denied due to a lack of evidence. One way to know how to move forward with your case is to contact a legal professional whose experience is assisting clients like yourself achieve successful disability benefits.
Hire a lawyer to help you evaluate where you are missing information
There will be a different team making up the medical review panel in your appeal case, as compared to your initial claim. Many industry professionals support hiring legal expertise to oversee your case. According to folks at FendonLaw.net, a state-licensed Social Security lawyer is a powerful way to intimately understand which information or details you may be missing from your case file.
Unfortunately, this process is incredibly intricate. You may need to supply additional information from your employee about your work history or your inability to perform up to standard on the job.
This will support the conviction that your disability, injury, or illness impairs your functioning significantly enough to qualify for income benefits. Employer reports may also support the length of your work experience, as you need to prove sufficient work history to qualify for work credits.
Officially appeal your claim
One thing to know about legal applications – and this is even more urgent when it comes to unemployment and income benefits – is that they are extremely time-sensitive. When it comes to SSDI, this is no different.
Upon denial of your initial application, you will have 60 days in which you can file an appeal. A Social Security attorney will assist you to get your documents in order, but you will have to co-operate well. Ensure that the correct paperwork is filed, including the following: Request for Reconsideration, Reconsideration Disability Report, and the Authorization to Disclose Information to the SSA.
There are 4 steps in the appeal process, and a lawyer can guide you through the complexity of being denied at any stage during your appeal. It can be terribly upsetting, especially if it feels like there is no end in sight.
Focus on what you can control and get the necessary documentation organized and ready for the official appeal. Keep checking your Social Security account to get more information about your application, and any updates on your most recent appeal.
Continue following your medical treatment
During your appealed claim, it would greatly undermine your case if you stopped following your recommended treatment protocols. The medical review team should know that you are doing what is in your power to recover from injury, rehabilitate, or stay well. In this case, a greatly undermined recommendation – and one that you can do through your entire application process – is to prioritize your functioning wellbeing.
Failure to cooperate, as you can imagine, is likely to compromise your reputation with the SSA. Impacting the chance of a successful appeal is not something you should risk, as this process notoriously takes a long time.