Can You Appeal a Social Security Disability Denial?
When it comes to applying for Social Security Disability (SSD) benefits, you are more likely to be denied than you are approved. However, you have options if Social Security denies your application. Appeals for SSD denial are quite common. An experienced Toledo attorney can bring efficiency and an informed strategy to your appeal process. At Schaffer & Associates LPA, we have a combined 50 years of experience serving clients with disabilities who have administrative and legal matters. Our lawyers provide counsel and representation for Social Security Disability appeals of denial throughout Toledo, northwest Ohio and southeast Michigan areas.
According to a survey published by Disability Secrets, there did appear to be a difference in the time to receive a decision following an appeal. Those who had an appeal approved were notified in about seven weeks while denials were issues in about ten weeks. The likely reason for this difference is that a written decision for a denial of benefits must be much more detailed (standing up to additional appeal) than an approval.
Five Things to Know Before Applying for Social Security Disability
How to File an Appeal for Social Security Disability?
According to recent data from the Social Security Administration, 61% of all initial Social Security Disability claims were denied in 2023. Since these benefits are intended to bring financial security to those living with disabilities, it can be surprising or intimidating to learn that the average claim is more likely to be denied than approved. Potential applicants may fear facing a denial, and being left in the same financial position they were in before patiently navigating the time-consuming and arduous application process.
Fortunately, the Social Security Administration offers an appeals process for those who have been denied. When a Social Security Disability claim is denied based on insufficient medical evidence proving disability, it is usually in the applicant’s best interest to file a Social Security Disability appeal, rather than submitting a new application. If you’re unsure of how to proceed after receiving a denial, a skillful attorney can assist with making this decision based on your unique case.
The Social Security Administration suggests that appealing the decision online is the fastest and easiest method. Through this approach, you can file your appeal electronically, without the need for additional forms. If you do not wish to file your appeal electronically, you must print and complete the Request for Reconsideration (SSA-561-U2). Once completed, you can mail or fax the form to your local Social Security office, which can be located using this database. It’s a good idea to call your local Social Security office to confirm the receipt of your appeal before the deadline passes.
Why Was Your Social Security Disability Application Denied?
One of the keys to a successful Social Security Disability appeal is understanding the reason why your initial application was denied. The Social Security Administration (SSA) evaluates claims individually, assessing them based on a variety of different factors. For this reason, there are numerous reasons why your Social Security Disability application may be denied, including the following:
- Your income exceeds the limit. To qualify for Social Security Disability, you must prove that you are unable to work achieving substantial gainful activity (SGA). If you earn too much income, your claim will be denied. The income limit for 2024 disability applicants is $1,550 for non-blind individuals and $2,590 for statutorily blind individuals.
- You did not provide sufficient medical evidence. One of the most common reasons a person’s Social Security Disability application is denied is a lack of sufficient medical evidence. The SSA has its own definition of disability and, therefore, requires specific evidence to prove that a person is disabled and unable to work. Many people submit irrelevant evidence that is disregarded by the SSA. Understanding what evidence to submit with your application or appeal is essential.
- Your impairment would not persist for one year or longer. To be eligible for Social Security Disability benefits, you must prove that your medical condition or impairment would prevent your from working for at least one year, or result in death. The SSA evaluates each application on a case by case basis and if they cannot determine that your impairment will least for at least one year, your application could be denied.
- You did not follow prescribed therapy or treatment measures. If you failed to follow medical advice regarding treatment or there are substantial, unaccounted for gaps in treatment, your application for benefits may be denied. In some cases, the applicant may prove that they were unable to follow prescribed treatment measures due to medical or nonmedical reasons. For example, if a person cannot afford treatment or they suffer from a mental illness that prevents them from complying with prescribed therapy, they may be reasonably excused from this requirement. These excuses, however, must be clearly detailed and evidenced within the application. An experienced attorney at Schaffer & Associates LPA can help you navigate these evidentiary requirements and strengthen your application to mitigate the chance of denial.
- Your impairment is due to current drug addiction or alcoholism. If ongoing drug use or untreated addiction is a contributing factor to a person’s disability, they will may be denied benefits.
- You are able to perform other work. The inability to work is a core tenet of the SSA’s definition of disability. If you are unable to perform past work, but able to perform other work activities using an alternative skillset, your application will likely be denied. Your age will be a factor to whether or not you could adjust to new work.
How Many Times Can You Appeal a Social Security Disability Denial?
It is possible to appeal a Social Security Disability denial multiple times. There are four levels of Social Security disability appeals that can be utilized to overcome a denial. In order, these include:
- Reconsideration
- Hearing by an Administrative Law Judge
- Review by the Appeals Council
- Federal Court review
Typically, denials have a deadline of sixty days during which you can file an appeal. If this deadline has passed and you still wish to file an appeal, you should contact your local Social Security office to explain the reason for filing late. In the majority of cases, a new application will need to be filed in this situation.
If a request for reconsideration is also denied, the next step would be attending a hearing with an Administrative Law Judge. This is the stage in which it is most crucial to seek legal representation. Judges will usually make a fully favorable, partially favorable, or unfavorable decision. If their decision is unfavorable, or you do not agree with the terms of a partially favorable decision, the next step would be to file a request for a review by the Appeals Council. We are skilled at Schaffer & Associates in determining whether or not accepting a partially favorable decision is in your best interest.
At the Appeals Council level, the Appeals Council reviews the evidence that was available at the time of the Administrative Law Judge hearing. If the evidence supports the Judge’s decision, the appeal is denied. If the evidence does not support the Judge’s decision, the Appeals Council may refer the case back to a hearing, usually before the same Administrative Law Judge. This is often referred to as remanding.
Beyond the Appeals Council, it is possible to file in federal court. This can be a lengthy and costly process making it uncommon for a case to reach this level. Sometimes, it is better to submit a new initial application if your case reaches this stage. A knowledgeable attorney can help you determine the best course of action for your specific circumstances.
Thorough Analysis And Informed Counsel for Social Security Disability Appeals
Social Security may deny you for several reasons. It may be that you did not provide adequate documentation. This could be a simple matter, such as forgetting to include relevant work-related information. It could also be that you need to include more details regarding your medical history and how it affects your ability to work.
Ultimately, following the right steps for the SSD application can make or break your application results. Social Security Disability appeals help make necessary corrections and fight for the funds you need. We are thorough in finding out what went wrong with SSD applications.
Contacting a Social Security Disability Appeals Attorney Near You
Appealing a Social Security Disability denial can be difficult and time-consuming, leading many people to seek assistance from attorneys who are very familiar with the process. Since the success of an appeal hinges on a variety of factors, an experienced attorney can structure your case to secure your best chances of approval. Having a trusted legal advisor in your corner can ensure that the proper evidence is gathered for your case, saving you time and money in the long-term. No matter which stage you are at in the Social Security Disability appeals or application process, it’s never a bad idea to consult with a seasoned attorney if you’re feeling overwhelmed.
You have the right to representation when corresponding with the Social Security Administration. In many cases, this representation can make the difference between a successful Social Security Disability appeals process and an unsuccessful appeals process. Our team at Schaffer and Associates LPA understands that you and your loved ones may be counting on disability benefits for financial security, which is why we work diligently to ensure success for our clients.
Our Experienced Toledo SSD Appeals Attorneys Can Help You
You have 60 days from your denial to file an appeal. Our team of skilled Toledo attorneys knows the details that make a difference in the appeal process. We can help you work toward a better financial future. Contact us for a free consultation by calling 419-350-8277 or using our email form.
