Being unable to work because of an illness or disability can be stressful and take a toll on your financial, physical, and mental health. Social Security Disability Insurance (SSDI) benefits can help ease the burden, but what happens if your SSDI claim is denied?
There are steps you can take to appeal an SSDI denial. Our Social Security Disability lawyers at Nappa, Monterosso & Poznansky, LLP, serve clients throughout the greater New York City area. Here, we explain what to do if your claim is denied.
Read the Denial Letter Carefully
If your SSDI claim is denied, you will receive a letter from the Social Security Administration (SSA). It’s important to carefully read the letter, as it should explain your Social Security Disability denial and provide information about how to appeal the decision. The letter should outline the specific reasons for your SSDI denial. Common reasons for denial include insufficient medical evidence, not meeting the disability criteria, or technical errors in your application.
How Do You Appeal a Social Security Disability Denial?
There are specific steps involved in appealing an SSDI denial. The first step in the appeals process is to request a reconsideration. This means your case will be reviewed by another SSA examiner. You’ll need to submit any additional medical evidence or information that supports your claim. You should consider having an SSDI lawyer evaluate your case before you appeal, as they can advise you of potential issues that could derail your claim and offer solutions that may help your case.
If your request for reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). During the hearing, you will present your case, and the judge will make a decision based on the evidence and testimony presented. It’s a good idea to have a Social Security Disability attorney advocate for you at this hearing. An experienced lawyer will prepare you for the hearing, present evidence, question witnesses, and make compelling arguments that support your claim.
If the ALJ denies your claim, you can request a review by the SSA’s Appeals Council. They can choose to review your case or deny the request. If the Appeals Council review is unsuccessful, you may want to file a lawsuit in federal court. At this stage, it is absolutely crucial that you have an SSDI lawyer representing you. These cases are challenging to win, and you need an attorney by your side who’s familiar with the procedures and processes of the federal court and who has a track record of success helping clients obtain SSDI benefits.
Gather Additional Evidence
Before you initiate the appeals process, it’s vital to collect additional medical evidence to support your claim. This may include records from doctors, specialists, hospitals, and other healthcare providers. Your medical records need to clearly demonstrate the severity of your disability and its impact on your ability to work.
Make sure to keep copies of all documents related to your claim, including correspondence, medical records, and the appeals process. This will help you stay organized and make it easier to provide the necessary information when requested. An SSDI attorney can work with you and your healthcare providers to gather relevant evidence and help you navigate the complexities of the system.
Be Persistent
An SSDI denial and the appeals process can be daunting and overwhelming. It can be tempting to give up, but staying the course and being tenacious in your efforts to present a strong case can ultimately lead to the outcome you desire. A Social Security Disability lawyer can also help you pursue retroactive SSDI benefits if appropriate. A seasoned SSDI attorney provides the compassionate legal support you need to get through challenging times and offers a better chance of obtaining the SSDI benefits you need.
Contact an SSDI Attorney in the Greater NYC Area
Our Social Security Disability attorneys At Nappa, Monterosso & Poznansky, LLP, help clients in Staten Island and the greater New York City area understand the SSDI appeals process. Our attorneys work tirelessly to help you get the benefits you may be entitled to receive. Attorney and partner Rolando Cubela assists our Spanish-speaking clients with Social Security Disability and New York workers’ compensation claims. Call us at 718-273-9000 or contact us online to schedule a free consultation.
