Filing for social security disability is only the first step in what can be a very long process. If you are disabled from work, you need to access funds to replace lost income, but social security disability law does not always work perfectly the first time. Many people find themselves in the situation of being disabled from work, but denied social security disability. What can you do, if this happens to you?
The most important thing is to get help from a social security disability lawyer. This is because a social security disability lawyer has a deep understanding of disability law and how it applies to your specific case. Your attorney can help you sort out next steps, including what documentation to obtain, where to file paperwork, and who you can contact for assistance.
If you are disabled from work but denied social security disability insurance benefits (SSD or SSDIB) or supplemental security income benefits (SSI), you must keep moving forward in the process in order to obtain your disability payments. There are several steps you can take.
- First, with the help of your social security disability lawyer, you can ask for a reconsideration of your claim within 60 days of the date you receive the denial notice.
- If that does not work, the next option is to request a hearing in front of an administrative law judge.
- If the claim at the hearing is denied you can move on to the appeals council, which can reverse the judge’s decision, return the matter to the judge with instructions to reconsider, or deny your review request.
- The last steps are an appeal to the federal courts, for which you will most certainly need assistance and representation from a lawyer to get the best chances of success. However, most attorneys will not agree to represent a claimant for the first time at the federal court level. So, hiring an attorney before the hearing is the way to go.
You should be aware that denial is a common occurrence, with significantly more than half of all claims being denied at the initial and reconsideration levels. Also, more than half of all claims proceeding to a hearing in the Phoenix area hearing offices are being denied – so it is extremely important that your claim is developed as much as possible before the hearing to give you the best chance on a possible appeal.
The appeal process can take a long time from start to finish, so try not to be discouraged if it takes more time than you may have expected. Keep in contact with your social security disability lawyer so she or he always has the latest updates on your treatment.
Being disabled from work should not mean that you have to struggle to make ends meet. Make social security disability law work for you by getting help from an experienced, qualified attorney who specializes in the field.