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6 Things You Can Do If Your Social Security Disability Insurance Benefits Claim Gets Denied

  • By: Law Office of Mark B. Morse
  • Published: May 21, 2021

A denial letter from the Social Security Administration (SSA) for Social Security Disability Insurance (SSDI) benefits does not mean that it is the end of the road. Even though it may seem absolute, the good news is that there are options to petition against a denial. It is important not to let the rejection stand. If you are suffering from a debilitating injury or have a disability that prevents you from working, Social Security Disability Insurance benefits can help provide much-needed support for you and your family. Therefore, it is wise and to your advantage to pursue the assistance you need.

Social Security Disability Insurance benefits are widely rejected, even if the applicants qualify for the benefits. Interestingly enough, most applicants simply give up when they receive an initial rejection or fail to appeal the denial in a timely manner. Giving up or failing to appeal will result in nothing but a loss of benefits. The best measure is to fight for the benefits that you are entitled to receive.

Below are 6 things you can do if your Social Security Disability Insurance benefits are denied:

  1. Request A Reconsideration
    Social Security Disability Insurance claims are denied for all sorts of different reasons. The truth is that about 65-75% of first-time applicants are denied benefits. As mentioned, just because you were initially denied benefits, that does not mean that you are not eligible to receive them. The SSA laboriously scrutinizes all of the claims that head their way. If an application is missing information or lacking medical evidence, it can prompt a rejection. As a result, it does not hurt to request a reconsideration.When an application is denied by the SSA, they send a denial notice that explains the reasons why the application was rejected. If you disagree with the SSA’s initial decision to deny benefits, you can request a reconsideration. A request for reconsideration allows your claim to be reviewed entirely at the Disability Determination Services level with a new medical consultant and examiner.Information for the right to reconsideration will be included in the initial denial notice. It will also specify how much time an applicant has to request a reconsideration. Normally, it is 60 days from the notice of denial.

    The SSDI process, including reconsiderations, is quite involved. As such, it is a good idea to recruit a Rhode Island Social Security disability attorney for assistance.

  1. Schedule An Administrative Law Judge (ALJ) Hearing
    A request for reconsideration will not always end in an approval for benefits. If your case gets denied after a reconsideration, you can appeal by requesting an administrative law judge (ALJ) hearing within 60 days of the denial. The hearing is heard by an ALJ who works for the Social Security Administration. They will review the case and question witnesses and/or medical experts. The judge will then make a decision on whether to uphold the SSA’s denial or grant benefits.A person requesting an ALJ hearing has the right to representation by a Rhode Island Social Security Disability attorney. It is highly advised to hire a Social Security Disability claims lawyer for the best results.
  1. Provide New Medical Information Or Evidence
    Providing new medical or evidence can help your claim immensely. What’s more, you are required to notify the SSA about any changes. If there is a development in your injury or disability, apprising the SSA about it can boost your chances of getting approved for benefits. The new information can be submitted while the application is pending, with the request for reconsideration, or during the appeals process. While it may be more burdensome to submit the extra paperwork and evidence, it is worth it if it increases your chances of getting benefits. If you are working with a Social Security Disability claims lawyer, they will take care of the paperwork and submit it on your behalf.
  1. Don’t Leave Out Any Substantiating Evidence
    It may be evident that evidence is a necessary factor when submitting a Social Security Disability Insurance benefits claim. It is important not to shy away from any information or documentation that can illustrate your disability, even if it seems excessive. For instance, it can be extremely helpful to include a residual function capacity (RFC) form from your doctor or physician. An RFC is used to assess the most a person can do despite their disability. It is used to document, testify, and/or provide information on new or worsening mental or physical conditions. Through an RFC form, a doctor can specify why they believe their patient should receive disability support.
  1. Reopen A Claim
    Many people who apply for disability and get rejected often choose to let the matter go without a fight. They do not pursue it any further. Doing so, however, closes the case. When an applicant misses their deadline to file for an appeal, the SSA shuts the claim. However, an applicant could reopen a claim if they submit a new claim that is related to the closed case. This will add more time to the process, which can make getting a decision take much longer. Nonetheless, there is a benefit to reopening a claim. If the applicant is approved for support, they can receive retroactive benefits dating back to the first application.If you are planning to reopen a claim, it is recommended to enlist a Rhode Island Social Security Disability attorney. An attorney can help you determine whether reopening a claim is a feasible option.
  1. Consult With An Attorney
    Hiring a Social Security Disability claims lawyer can significantly improve your chances of receiving benefits. An experienced attorney who is well-versed in the law and appeals process will prove invaluable to your case. They will gather and submit all relevant paperwork and documentation on your behalf, and make sure that all of your concerns are addressed. A good Rhode Island Social Security Disability attorney will advise on the best course of action and commit to resolving your claim.
Mark B. Morse, Esq.

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Note: The above information does not constitute legal advice. Unless a retainer agreement has been signed, Mark B. Morse or The Law Office of Mark B. Morse, LLC is not your legal representative, and you should have no expectation that an attorney client relationship has been established.

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