Fight For Social Security Benefits After A Denial
Even if your Social Security Disability application was initially denied, you should not give up. The Social Security Administration (SSA) denies the vast majority of initial applications. Even if the SSA denies your application, there is still hope of earning the benefits you need.
Thankfully, there is an appeals process. I am attorney Gary Jones at The Law Center for Social Security Disability in Oklahoma City. As a Social Security Benefits lawyer in Oklahoma City, I can help you navigate the appeals process successfully.
Common Reasons For SSDI Application Denial
It often feels like the SSA is looking for any reason to deny your SSDI claim and that can leave you feeling frustrated and helpless. However, an experienced SSDI benefits attorney can more smoothly anticipate problems and guide you through the claims process.
At The Law Center For Social Security Disability, we are familiar with the common reasons the SSA denies claims and we know how to prepare your appeal to help overcome some of their obstacles.
Some of the most common reasons that SSDI claims are denied include:
- Your injury not being diagnosed accurately
- You have fully recovered
- Your injury does not seem to be as serious as you claim
- You can go back to work even if you have not fully recovered
- You have not worked long enough to be qualified for SSDI
- Incomplete applications
- Not using the recognized or typical SSA terminology to support your claim
- Insufficient medical evidence
- Submitting a new application after denial rather than pursuing an appeal
- If you are working even part-time, you may earn too much to qualify
Problems with the application are often the reason for denial. Some of the most common SSDI application errors include:
- Your doctor’s report is not consistent with SSA’s regulations defining disability
- Medical evidence is not appropriately documented
- Your inability to work was not documented appropriately
- Filing supporting documentation and forms with the wrong office
- Incomplete forms
- Missing deadlines
An experienced Oklahoma City SSDI Claim Denial attorney knows how to avoid these common mistakes and streamline the approval and appeals process.
What Are The Eligibility Requirements for SSDI Benefits?
SSDI benefits are paid to those who are disabled and can no longer work if they meet specific requirements. To qualify for SSDI, you (or your spouse or parent) must have worked and paid taxes (FICA) into the Social Security system for a long enough period to accumulate the necessary “work credits”.
If you have enough work credits to qualify, you must then meet the SSA’s disability criteria. The disability must be an illness, injury, or condition that significantly limits your ability to do basic work activities for at least 12 months, or the illness, injury, or condition is expected to lead to death.
SSDI payments are based on the lifetime average earnings of the wage-earner and may be reduced if the applicant receives other public disability benefits or workers’ compensation benefits.
If your application for SSDI benefits has been denied, do not be discouraged. Let The Law Center For Social Security Disability and Gary Wayne Jones help you get the benefits you are entitled to.
Social Security Disability assistance is all we do. If your SSDI claim has been denied, let us help. Contact us today at (405) 236-1416 or visit our contact page to schedule a free consultation to discuss your SSDI claim appeal.
The Stages Of Social Security Disability Appeals
I have 30 years of experience successfully guiding people like you through the Social Security Disability appeals process. The first step will be to review your claim and determine whether we need to gather any additional material. The SSA rejects and denies a great percentage of the applications they receive for benefits – indeed, only 25 percent of applications are approved on the first attempt. And this isn’t surprising, given that the system is set up to discourage people from applying for benefits.
Once I have all of the documentation necessary, I will proceed through the following appeal stages:
Request For Reconsideration
This is the first stage of the appeals process. It is simply a written request that the Social Security Administration reconsider your application. At this step, if you haven’t already, it is very important to consult a local, experienced Social Security attorney to develop a strategy to submit a stronger application for reconsideration. It’s also important to note that you have only 60 days to this appeal.
Hearing Before An Administrative Law Judge
In this stage of the appeals process, I will actually present information to an administrative law judge. You will provide testimony. With your help, I can produce medical documentation verifying your disability. Applicants have 60 days to request this hearing after receiving the reconsideration denial. It may take between 12 and 24 months for Social Security to schedule your hearing.
An experienced attorney can prepare you for this delay, and also gather all the appropriate medical and work history documentation you’ll need for the hearing, make sure your hearing file contains all the necessary information and present your case to the ALJ in the best possible light to increase your chances of being awarded benefits.
Review By The Appeals Council
If the administrative law judge’s decision was not favorable, we can request that it be reviewed by the Appeals Council. Appeals are mostly based on the existing case evidence in your file – no new evidence or documentation can be presented on appeal.
Because of this, it’s extremely important that all the necessary information supporting your claim has been submitted during the application, reconsideration and administrative hearing steps of the process. The Appeals Council may remand the claim to the administrative law judge for further development, correct legal errors or to take additional testimony.
Federal District Court
The next level of the appeals process involves filing a civil action in a federal district court. These cases are rare.
Schedule a Free Consultation
If your SSDI application has been denied, do not lose hope. Gary Wayne Jones at The Law Center For Social Security Disability has been helping Oklahomans get the disability benefits they are entitled to for over 30 years.
Social Security disability assistance is all we do and we have the experience and understanding of the SSA process to successfully navigate the SSA appeals process and get you the benefits you deserve.
Call us today at (405) 236-1416 or visit our contact page to schedule a free consultation to discuss your case. We will listen to your story, answer your questions, explain your rights, and help you decide your next steps. If we represent you, we will fight tirelessly to get you the benefits you deserve.