When you’re unable to work and need financial assistance, applying for Social Security Disability benefits makes sense. However, it’s getting harder to get approved, and denials are common. If your SSDI claim has been denied, don’t assume your case is over. Over 60% of applications are initially denied for various reasons, many of which are successfully appealed.
After a claim is denied, your next steps matter. You’re up against strict deadlines, and you need a strong appeal strategy to win. Everything you do will directly affect your ability to get benefits.
Here’s what to do next.
Talk to a Social Security Disability lawyer
Many people wait until their appeal has been denied to talk to a lawyer. That’s a mistake. Getting legal advice first will help you avoid mistakes that weaken your appeal. For example, some people don’t realize appeals are handled differently than initial claims, and they don’t follow the rules. You don’t want to risk being denied on a technicality.
You need to make a strong case to win your appeal. A disability lawyer will use your existing medical documents and work directly with your medical team to get a functional capacity evaluation that explains why you can’t work full-time. This is the type of evidence that makes it harder for the SSA reviewer to reject. If you don’t have a lawyer, you might not even know you need this type of document.
Having a lawyer will be your safety net since the appeals process relies on a heavy load of paperwork, deadlines, hearing notices, and procedural rules. Missing one deadline or failing to submit requested records can hurt your claim. Most importantly, a lawyer will prepare you for your hearings. They’ll explain the types of questions judges ask and prepare you for answering correctly. Preparation matters because some casual statements can be interpreted against you.
Understand why the SSA denied your claim
Read your denial letter carefully to pinpoint exactly why your claim was denied and review your appeal rights. Most claims are denied because the SSA doesn’t believe the condition is severe enough, thinks the individual can still perform some kind of work, or says there wasn’t enough medical evidence.
Whether you’re working with an attorney or not, it’s critical to know why your claim was denied so you can create a strong appeal. For example, if your claim was denied for missing medical documentation, what you submitted probably doesn’t fully explain how your condition limits your ability to work. Doctors often focus on treatment rather than functional limitations. You might need to specifically ask for a document stating your physical restrictions, physical pain, cognitive limitations, or inability to maintain a schedule.
Seemingly small errors like missed treatments, incomplete work history details, or inconsistent answers can be a little challenging to overcome since they cast doubt on your claim. If you were denied because you’re currently earning more than the substantial gainful activity limit, you might need to drop your source of income before appealing.
Regardless of why you were denied, the details will determine how you approach your appeal.
File your appeal fast
Most states give you 60 days from the date of denial to file an appeal. If you miss this deadline, you’ll have to start over and submit a new application. Don’t wait even one day to contact an attorney or start working on your appeal.
There are several ways to appeal a Social Security Disability benefits denial. The first phase of the appeals process is called reconsideration. Once submitted, a different reviewer will look at your file and any new evidence. If your reconsideration is denied, you can request a formal hearing with a judge. If you don’t agree with the judge’s decisio,n you can request a review with the Appeals Council. Finally, if you disagree with the Appeals Council, you can file a federal district court action.
Collect stronger medical documentation
The medical evidence you submit carries the most weight. The SSA wants specific, detailed proof that your condition prevents you from working. In addition to getting a functional capacity statement as described earlier, it’s critical to document ongoing treatment to show the SSA that your condition isn’t temporary. In fact, you’ll need to continue with regular appointments and maintain documentation even while you receive benefits. Audits are common and if you can’t prove you’re still disabled, your benefits might get cut off.
Fight your denial
A denied Social Security Disability benefits claim isn’t good news, but it’s not the end. Many successful claims were denied at least once. File an appeal with the help of a lawyer for the best chance at getting the benefits you deserve.
