Everything You Need To Know About Appealing A Denied SSID Claim
Brian O Sutter
Personal Injury
Sometimes even in cases of severe, permanently debilitating disabilities, the United States government will deny a claim. The government is always concerned about fraud and does not want to award tax money to people who don’t need the income. So they will deny claims based on a myriad of reasons. However, a denial does not mean you cannot eventually win disability claims. You can appeal a disability claim denial.How Will They Deny A Claim?
When your claim is denied you will receive a notice from the Social Security Administration (SSA) by mail stating they are denying or terminating your benefits. In the paperwork, they will briefly explain the reason for their denial. Often times, you will have to call the SSA directly to get a full explanation of why your claim was denied. With your denial, you will also receive paperwork to file an appeal. This paperwork needs to be submitted within 60 days of the date received in order to proceed.
Reasons For Denial
There are five primary reasons a social security claim may be denied, including:
- Your income exceeds the “substantial gainful activity” limit
- You have not earned enough social security credits
- Missing medical records
- Lack of detailed information
- Applications errors and mistakes
Each type of denial requires a different claims action. So if you are denied, it is best to hire an attorney to manage your appeal.
How Long Does An Appeal Take?
How long your appeal takes depends on the type of denial. Your appeal will first be reviewed by the Disability Determination Service (DDS). The DDS will review your case with a medical consultant and SSA examiner. Depending on their findings your appeal can take between a few weeks to a couple of months. If you are still denied benefits, your appeal will be heard by an administrative law judge (ALJ) which typically takes about a year. If the ALJ denies your appeal, you will have to challenge it in front of the Appeals Council which can take years. If you need your appeal to be settled quickly, it is important that you are approved by the DDS. Otherwise, your appeal can drag on for years. So it is extremely important that during the appeals process you have adequate legal representation to ensure that your claim does not get locked up in the appeals process.
Filing an appeal can be a challenge. There is a lot of paperwork and complex regulations and laws that can be extremely difficult to handle when also managing an injury or illness and the financial hardship of not being able to work. So it is essential that if you are appealing your disability claim that you hire a qualified attorney, like our lawyers at All Injuries Law Firm. Our knowledgeable team has over 30 years of representing people just like you in disability appeals. We understand the process, can deal with the SSA, and make sure that you get a fair assessment for your disability. So call us today for a free consultation and see how we can help you manage the disability appeals process.