If you’ve applied for Social Security Disability (SSD) benefits and received a denial, it’s important to understand that this is not the end of the road. Many applicants face denials initially, but with a properly executed appeal, your chances of approval can increase significantly.
Here’s how you can successfully navigate the appeal process in Southern California. Contact PLBH at (800) 435-7542 for legal help today.
Understanding the Basis for Denial
Before you can successfully appeal a decision, it’s crucial to understand why your initial application was denied. The Social Security Administration (SSA) will provide a denial letter that outlines the reasons for your application’s rejection. Common reasons include insufficient medical evidence, income above substantial gainful activity levels, or the belief that your disability is not severe enough to last 12 months or result in death.
Key Steps to Take:
- Review the Denial Letter: Carefully read the letter to understand the specific reasons for your denial.
- Gather Additional Evidence: Based on the denial reasons, compile additional medical records, doctors’ statements, and other relevant documentation that addresses the SSA’s concerns.
Filing for Reconsideration
The first step in the appeals process is to file for reconsideration. This is a complete review of your claim by someone who did not take part in the original decision. You must file for reconsideration within 60 days from the date you received your denial notice.
How to Prepare:
- Submit Updated Documentation: Provide any new medical tests, treatments, or diagnoses that occurred since your initial application.
- Include Written Statements: Letters from your healthcare providers detailing your disability and how it affects your daily activities can be persuasive.
The Disability Hearing: Your Chance to Argue Your Case
If your request for reconsideration is denied, you can request a hearing before an administrative law judge (ALJ). This is where many claimants have the highest chance of overturning their denial. Hearings are typically held within 75 miles of your home and allow you to present your case in detail.
Tips for the Hearing:
- Be Well-Prepared: Familiarize yourself with your case file and be ready to explain your disability clearly and concisely.
- Practice Your Testimony: Consider rehearsing your answers to possible questions with your attorney.
- Bring Witnesses: If possible, bring witnesses who can testify about your disability and its impact on your life.
After the Hearing
Following the hearing, the ALJ will issue a decision based on all the evidence presented. If your appeal is successful, you will start receiving benefits. However, if the decision is unfavorable, you can still appeal to the SSA’s Appeals Council.
If You Need to Continue:
- Request a Review by the Appeals Council: If the Appeals Council reviews your case, they can decide to deny your request for review, return it to an ALJ for further review, or overturn the decision.
- Federal Court Review: The final step in the appeals process is filing a lawsuit in a federal district court.
How PLBH Can Help
Navigating the SSD benefits appeal process can be complex and overwhelming. At PLBH, we specialize in Social Security Disability law and have extensive experience helping clients throughout Southern California successfully appeal their denied benefits. Our knowledgeable attorneys can help you:
- Understand the specifics of your denial
- Gather and submit all necessary evidence
- Represent you at your disability hearing
- Guide you through each step of the appeal process
If you have been denied SSD benefits, do not give up. Contact PLBH at (800) 435-7542 to schedule a consultation and let us help you secure the benefits you deserve.