SSDI

Step 1 – Obtain A Detailed Explanation

The first step is to obtain a detailed explanation for why your claim was denied. The Social Security Administration (SSA) should provide you with a letter explaining their decision. This letter is crucial because it will explain the specific reasons why your claim was denied. The letter will also contain important information about your deadlines to appeal the decision.

If you do not receive a letter from SSA or if you have trouble understanding the letter you received, do not hesitate to contact them for assistance.

Step 2 – Appeal The Decision

If your claim is denied, you have 60 days from the date of the denial letter to appeal the decision. There are several stages of appeals, and it is essential to appeal timely – appeals should be filed within the deadline.

A majority of first appeals are called ‘reconsideration.’ A second-level appeal is a hearing before an Administrative Law Judge. To request either, a “Request for Reconsideration” or disability report and request for hearing” must be filed before the deadline.

After each level of appeal, if the claimant still is not approved for benefits, the third level of appeal is to ask for the federal court to review the claim.

Step 3 – Contact An Attorney

If you were not already working with a disability lawyer, it may be beneficial to hire one to assist with the appeals process. The SSDI appeal process can be complicated, and a skilled attorney will be able to analyze your situation and find evidence to support your case.

Additionally, attorneys can advocate for the claimant during hearings with the Administrative Law Judge (ALJ). At this stage, the hearing is very important to have proper representation as the judge will make a decision, based solely on the evidence and testimony that is presented, whether or not to award disability benefits.

Step 4 – Obtain Medical Evidence

As mentioned, the evidence is key in SSDI claims. To build a strong evidentiary record, it is necessary to gather all relevant medical evidence that supports your disability claim.

Although the SSA may request medical documents from your treating doctors or hospitals, it is essential to obtain copies of all medical records to ensure that the whole picture of the disability is presented in the medical documents in full.

It is important to know that medical evidence created closer in time to the disability onset date may be better evidence than a doctor’s record that is years old.

Step 5 – Continue With Medical Treatment

While appealing the denied SSDI claim, it is critical to continue with medical treatment for the disability.

If you fail to pursue medical treatment, the administrative law judge may conclude that you are not interested in maximizing your level of functioning and improving your medical condition to the extent possible. Further, continuing with medical treatment shows that the disability is still impacting your life and your functionality.