Thursday, May 19, 2022

What Happens If You Are Denied Social Security Disability Benefits

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How To Appeal An Ssi Denial

What To Do If Your Social Security Disability Claim Has Been Denied

If your claim is denied during its first review, the process is far from over. Once you enter the appeals process, its a good idea to work with a disability lawyer to guide you through the next series of steps. The disability denial letter you receive from the SSA should outline the reasons your initial claim was denied, along with the steps you should take to begin your appeal.

You have 60 days from the date of the notice to file your social security disability appeal. After that point, you lose your right to appeal the SSAs decision. You should also note that appealing is different from refiling just because youre unhappy with the SSAs ruling doesnt mean that you start from scratch and resubmit everything for review. You simply enter a different stage of the process.

The appeals process for SSI disability benefits claims includes four different levels. At the first level, you submit a simple Request for Reconsideration, which formally notifies the SSA that youd like your decision to be revisited. Your denied claim will then receive a second review from someone who was not part of the first review or the subsequent decision.

Its important to note that only about 5% to 10% of appeals are granted at the reconsideration stage in the appeals process. If your request is approved at this stage, you will receive an acceptance letter, and youll begin receiving monthly benefits, including back pay.

The final step of the appeals process is a federal court review.

How An Attorney Can Help

The entire process of applying for Social Security disability benefits is overwhelming, from keeping track of deadlines to making sure that your application is complete.

Your attorney can help guide you through the appeals process so that you can be assured that you are doing everything the right way. Though there is no guarantee that hiring a disability benefits attorney will make you win your case, it can greatly improve your chances of success.

You can bring in a disability benefits lawyer at any point in the application or appeals process. Your attorney will know what information should be included in your initial application, as well as what should be added to strengthen your appeal. He or she will know when the deadlines are, and your attorney will be able to help you through every stage of the appeals process so that you do not have to do it on your own.

Most disability benefits attorneys work on a contingency fee basis, so you do not have to pay anything unless you win your case. They will collect their fees from any back pay you are owed, which can either be 25% of the back pay or $6000, whichever is less. Since you do not have to pay up front and you only pay if you win your case, there is a major upside to working with a lawyer through the process.

Dont Give Up When Social Security Disability Denied The First Time Around

A serious injury or medical condition has made it impossible for you to work and earn a living. You file a claim for disability benefits from the Social Security Administration . You await their decision. Then you get their response: theyve denied your claim.

At Marc Whitehead & Associates weve helped quite a few folks who have found themselves in this same predicament. Our advice: dont give up!

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What Should You Do If Your Ssdi Application Was Denied

If your SSDI application was rejected, you might appeal the decision for up to 60 days after you receive the notice.

Appealing a denial is a better option than reapplying or letting the denial stand, as you shall not be able to seek disability benefits for the time that has elapsed before the date of disability determination.

Therefore, to preserve your right to be paid retroactive disability benefits for the period before the initial denial date, you must file an appeal.

There are four levels of SSDI appeals:

  • Reconsideration – another medical examiner shall review your Social Security file.

  • HearingwithanAdministrativeLawJudge – you shall have a hearing with a judge that was not involved in the initial denial or reconsideration of your case.

  • ReviewAppealsCouncil – they may review your case or return it to an administrative law judge for further review, but if the results of the first hearing were in accordance with Social Security laws and regulations, your case might be rejected again.

  • ReviewFederalCourt – you can file a civil suit in a federal district court to challenge the judgment of the Appeals Council or if the Appeals Council does not review your case.

While you have several options, your first step should be to appeal your SSDI denial. If that doesnt work, and you have completed all four levels of the appeal procedure to no avail, you can then reapply for SSDI benefits.

What Happens If You Are Denied Social Security Disability

Social Security Disability

If you are denied on your Social Security Disability or SSI benefit claim, you should request an appeal immediately, within the 60-day deadline. In some cases, you should do this yourself personally even if you have legalrepresentation, simply to have the appeal request officially on record as soon as possible.

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You Have A Right To Appeal The Ssas Decision

Its not unusual at all for a Social Security disability claim to be rejected during the initial application stage. In many instances, the denial doesnt have anything to do with the validity of a claim, but the fact that the applicant simply didnt supply the SSA with the information they needed to make a favorable decision. Incomplete or incorrectly filled-out forms, or a lack of the necessary medical evidence to support a claim, are just a few of the errors that can get a claim for Social Security disability denied the first time around.

Fortunately, the law gives you the right to appeal when your claim for Social Security disability is denied the first time around. The SSA refers to this appeal as a reconsideration. A reconsideration is a complete review of your claim by an SSA administrator who had no part in the original decision. They will look at all the evidence used to make the original decision, as well as any new evidence submitted. After reviewing the evidence carefully, the SSA will either approve your claim or let the earlier decision stand.

Schedule A Hearing With An Alj

If your case is reconsidered and once again denied, you may appeal again by asking for a hearing. Hearings are conducted by administrative law judges and take place locally. During a hearing, the judge will review your case and question you and any attending witnesses or medical experts.

Afterwards, the judge will make a decision to either uphold the SSAs decision or to overturn it and grant you disability benefits.

Like reconsideration, this also includes a right to representation. Especially during hearings, it is wise to have a disability attorney present to assist you with your case.

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You Earn Too Much Money

The Social Security Administration wont consider your application if you earn more than the substantial gainful activity level of $1,220 per month. Remember, they approve people who arent able to work because of their disability. They will find your case less compelling if you are working a lot of hours and bringing in a high income.

Sure, you can work a bit when you apply for Social Security Disability, but you cant be making more than $1,220 per month as of 2019. Be aware: this doesnt apply to income you make from investments. They only count the income you receive from your job since they are evaluating if you will be able to continue working or not.

Qualifying For Disability Benefits

Denied for Social Security Disability? That’s ok. Do THIS Immediately!

SSDI benefits are awarded to people whose medical condition meets the SSAs definition of a disabilitythat is, a physical or mental health condition that prevents someone from working and engaging in Substantial Gainful Activity . In addition, the qualifying condition must have lasted or be expected to last for at least one year .

Unlike other Social Security programs such as Supplemental Security Income , qualifying for disability also requires that you have earned enough work credits. SSDI is funded by Social Security payroll taxes, so in order to be considered insured, you must have worked long enough, recently enough, and you must have paid Social Security taxes on your earnings. Once you qualify for disability, your benefits will continue unless your disability improves or until you reach retirement age.

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Appealing Has The Best Chance At Winning

It is during the Social Security disability appeals process that a claimant has the best chance of winning a claim and being awarded benefits. Filing a new application, either because someone thought it was a good idea or missed the appeal deadline, is simply a waste of valuable time. Subsequent applications for disability will likely be denied for the same reasons as the first application. In either case, missing an appeal deadline, or starting a new application instead of appealing a denial, are situations to be avoided because they waste a significant amount of time.

Why Was Your Application Denied

Understanding why SSDI applications are rejected is critical to avoiding another refusal should you want to reapply.

Here are some reasons why your application may have been denied:

  • Your income or Substantial Gainful Activity exceeds the SSDI limits even if you meet Blue Book listing

  • You have not provided enough medical evidence

  • Your disability shall not last long enough, or it is not severe enough

  • You have not followed your prescribed medical treatment

  • The SSA has not been able to contact you

  • You have been uncooperative and refused to produce essential records

  • Your disability is a result of drug or alcohol abuse

  • You have been convicted of a crime

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Submit Any New Medical Evidence

Your medical condition may change when appealing a decision or preparing to appear in front of a judge. Be sure to inform the SSA of these changes. Sure, doing so requires more time and extra paperwork, but it could prove very beneficial in your case.

Any new medical evidence could help sway the decision in your favor. Thats because it provides the evaluator with more reasons to accept your appeal.

You can opt to submit the evidence along with your appeal or on its own.

Why Ssdi Requires Work Credits

How to File for Disability  Tips for Filing

As the acronym indicates, SSDI is an insurance program. You pay the premiums of this program through the Social Security deductions that your boss takes out of your paycheck and sends to the government on your behalf. That money helps to fund the monthly Social Security disability and retirement checks that people receive.

On the other hand, the source of funding for SSI benefits is general revenues, like income taxes and additional money that the government collects. Because SSI does not use payroll deductions for Social Security taxes as its source of funding, you do not have to pay into the system and accumulate work credits to be eligible for these benefits.

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What Happens To My Disability Benefits When I Reach Retirement Age

Once you successfully get approved for disability benefits, your monthly benefits should stay the same unless your disability improves, you start engaging in Substantial Gainful Employment , or you have a spouse whose income surpasses SSDI threshold levels. You can even continue to work part-time on disability or try out other options like a trial work period to see if youre able to fully transition back into the workforce.

Making the switch from receiving disability payments to retirement benefits is simplebecause for most beneficiaries, their monthly benefit stays exactly the same. This is because the SSA calculates your SSDI benefits as though you have already reached full retirement age, which is equal to 100% of your maximum benefit based on your lifetime earnings.

Failure To Get Consistent Medical Treatment

If youre applying for Social Security Disability, you must adhere to your doctors instructions in order to be approved.

If Social Security sees that you arent, you could be denied for treatment non-compliance. They will assume that if you follow the correct treatment plan, you would be able to work full time.

There are some exceptions to this rule, but we dont see this approved often.

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Ssa Cant Get Ahold Of You

Its possible you will get denied Social Security Disability benefits if you arent communicating with the SSA.

You need to be available to discuss issues related to your application. If you move and dont update your contact information, they wont be able to get in touch with you and will deny you benefits. If you have a lawyer working on your case, you wont need to be as involved with speaking to SSA but you should keep in close communication with your lawyer.

Tips For Filing Your Appeal When Social Security Disability Is Denied The First Time

What to Know When Your Social Security Disability Claim Has Been Denied

You need to act quickly: you only have 60 days from the time you receive your notice that the SSA has denied your claim in which to file your appeal.

To get the ball rolling, you must request your appeal in writing. You can complete an appeal form , or send a signed note with your Social Security number stating that you wish to appeal the decision in your case.

You have a right to representation during the appeal process, such as a board certified Social Security attorney. Your representative can answer any questions the SSA may have and submit the evidence required to support your claim.

What happens if your claim is denied for the second time? If you feel the SSA made an error when denying your claim upon reconsideration, your next step would be to request a hearing in front of an Administrative Law Judge.

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Get Help Qualifying For Disability Benefits

The truth is, applying for disability can be a long and sometimes frustrating process. Most first-time applicants are denied, and appeals can take months. However, this doesnt mean you should give up hope. With the help of an experienced Social Security disability lawyer, you can increase your odds of being approved the first time and strengthen your claim should you need to go through the appeals process.

To find out the difference having dedicated representation on your side can make, contact us at Social Security Disability Advocates USA today. Well arrange a free, no obligation consultation with our legal team to review your disability claim and help you make the right decision for you and your family. Get in touch 24/7 by calling , connecting with one of our LiveChat agents, or by filling out this form to request your complimentary case review.

This is attorney advertising. SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only. Nothing herein should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute, a representative-client relationship.

Denied Social Security Disability

Social Security disability benefits are important, but what happens if you are denied these benefits? Should you hire an attorney for help? Will the denial be permanent or can your case be reopened?

Being approved for Social Security Disability Benefits can be a huge relief if you have a long-term or permanent disability. However, 65-70% of applications are denied during the initial application procedure.

If you are amongst the people whose claim has been denied, youre probably wondering what comes next. Weve covered everything you need to know regarding SSDI denials, including why your application may have been rejected and what you can do.

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You Earn Too Much Income

For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered “substantial gainful activity” . This means you earn too much money to be considered disabled. You are allowed to work a small amount when you’re applying for and collecting SSDI, but not over the SGA limit, which is $1,310 per month in 2021 . The figure is adjusted annually. Income from investments does not count toward the SGAonly work income counts, as it shows your ability to work.

As to SSI, which is the disability benefit for low-income people, when you apply for SSI, you can’t be making over the substantial gainful activity level . But there’s a limit on all earned and unearned income for SSI, around $1,600 per month, that applies both when you’re applying for benefits and when you’re collecting benefits. And any time your income is over $85 per month, your SSI payment will start to be reduced, by a somewhat complicated formula. If you make more than about $1,650, your payment would be reduced to zero in other words, you won’t qualify for SSI.

Denied Social Security Disability Benefits At A Hearing

The Social Security Disability Appeal Process ...

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What happens if I am denied Social Security disability benefits at a hearing?

If you are denied Social Security disability benefits at a hearing, here are a few options:

  • You can request the Appeals Council to review of the hearing decision.
  • You can appoint a lawyer to represent your case, if you have not already done so. A lawyer that specializes in SSD cases is your best chance for getting benefits approved.
  • If your condition has worsened and you have new medical documents that are dated on or before your administrative hearing, you can present this evidence to the Appeals Council.
  • However, if the new evidence you want to provide is dated after the administrative hearing the Appeals Council Review may not allow this new evidence to be taken into consideration. Your lawyer would be the best person to advise you what to do at this stage.
  • After being denied benefits at a hearing, you still have three more stages to go to appeal a disability denial. A social security disability lawyer is recommended right at the initial stage of the appeal. It is extremely helpful and to your advantage to have a lawyer who knows exactly how to appeal a disability denial. Statistics show that a lawyer can greatly increase you chance for approval of SSD benefits.

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