Many people eligible for Social Security Disability Insurance (SSDI) are often turned down the first time they apply. However, experts say don’t be discouraged. You can appeal the decision, but there are rules and guidelines to follow. This is one of the reasons many people choose disability attorney services Baton Rouge LA experts explain.
Appealing A SSDI Denial
In order to appeal a denial of social security disability benefits, you request a hearing within 60 days. Attorneys point out that you cannot let the deadline expire, or you may lose benefits for the entire time between your disability and a new decision.
The Social Security Administration (SSA) denies most applications because they believe:
- That the vouchers do not show a serious problem;
- That the disability will not last more than 12 months, or
- That the person can do some kind of work.
However, experts say all of these reasons can be challenged. SSA will reconsider disability claims and you only have to contact the office either by mail phone, or in person, but you must contact SSA within the 60 days from the date they denied benefits. Sign and deliver to SSA the form called “Request for Reconsideration. Your case will be reviewed again, and you will be notified by mail of the decision within about 4 months. Again, attorneys say, do not be discouraged if the case is again denied. Most people win their case at a formal hearing.
How Do You Get an SSDI Hearing?
If SSA has denied your request for reconsideration, there still is an opportunity to appeal this decision by requesting a formal hearing. It’s another opportunity to present your case face-to-face to a person who can approve your request for the benefits. You can have any one represents you at this hearing: a disability attorney, paralegal or any other person you choose. Many people earn their benefits after this face-to-face hearing; that’s why it’s worth appealing any denial.
If you do not appeal these denials, you can apply again, but you may no longer qualify for benefits or you risk receiving a smaller amount of benefits. The forms for appeals are available at any local social security office. And make sure you mark the box on the form stating “I want to introduce myself” for a face-to-face hearing in front of a judge.
Defining a Disability
The Social Security Administration defines a disability as a physical or mental impairment. Moreover, the claimant must have had this impairment for at least 12 months, and doctors expect it to continue. The person must also be unable to perform quality or meaningful activities. There are a number of impairments that SSA includes in their list of medical conditions, like arthritis, cancer, heart disease, lupus, diabetes, and a lot more. Even though SSA publishes a list of medical conditions, you may still be eligible if your condition is not on that list.
Are You Eligible?
SSDI is available to those who have paid into the Social Security system, regardless of their financial resources. If you are not working, then the Disability Determination Services (DDS) office will make a determination about whether your medical condition qualifies as a disability. The bottom line is, any condition you claim must stop you from completing basic work-related actions for your claim to be approved. If it does not, your claim will be denied. There are multiple steps that can be taken if denied SSI benefits, but the greatest impact you can have on your case is allowing a disability attorney to navigate the hurdles.