Has Your Claim For Social Security Disability Been Denied – Do You Know What To Do?

Dealing with disability is tough. Apart from the physical pain, you also have to deal with the emotional trauma and impact on your family.  You probably did not want to file for disability, but that was your only option. When you get the news that your social security disability benefits have been denied, it seems like the last straw. Naturally, you are disappointed and feel like giving up.  This is possibly the biggest mistake you could make.

A majority of social security disability claims are denied at the initial level.  Don’t give up!

1.   Make Sure To Appeal Your Denial ASAP 

You have a specific time period (usually 60 days) within which you must your appeal.  Failing to appeal or missing the deadline for filing your appeal means you will need to file a new claim unless you have “good cause” for failing to appeal in a timely manner.   Additionally, you may lose valuable back benefits if you do not file a timely appeal.

2. Find out why your Application was Denied 

The Social Security Administration (SSA) requires you to provide information regarding your medical condition, your work history, your age and education, and how your conditions affect your ability to work in order to review your application and make a decision. If you forgot some information in your application because you did not have it, or did not know that it was important, your application could be be denied. Ensuring that your appeal has the correct information is important.  It is also extremely helpful for a social security attorney to know the reasons for the denial.

3. Know the Various Stages of Appeal 

After the first denial, most states (including Florida) require you to file a “Request for Reconsideration.” In this appeal, your case will be reviewed once again by a different set of social security examiners.  If your claim is denied at this stage, the next step is to file an appeal called a “Request for Hearing” in front of an Administrative Law Judge (ALJ).  A hearing can be quite intimidating and if you are not familiar with the Social Security Disability rules and regulations, you may not understand why your claim has been denied and what is required in order to strengthen your claim.

4. Have an Attorney Who Practices in the Area of Social Security Disability Represent You 

An experienced social security disability attorney understands what is required in order to prove that someone is disabled under the Social Security Disability system.  Additionally, an experienced attorney can review the facts of your case and identify what may be needed in order to prevail on your claim.  A local social security disability attorney is familiar with the physicians in the area and the Judges who will hear your claim.  In many instances, an attorney will be able to communicate with your physicians, employers, and coworkers and obtain information that strengthens your case.

If you have any questions regarding a Social Security Disability or Supplemental Security Income claim, please feel free to contact Sims & Stakenborg at 352-629-0480 for a free consultation.