Appealing an SSDI Denial

What should I do if my Social Security Disability application is denied?

If your application for Social Security Disability Insurance (SSDI) benefits is denied, you have the right to appeal the decision. An experienced attorney will help you understand the reasons you were denied benefits and give strategies for strengthening your claim. The appeal process involves several levels beginning with reconsideration.

Why should I consider hiring an attorney for my appeal?

Hiring an attorney to assist with your SSDI appeal can provide significant benefits:

• Expert representation: An attorney specializing in SSDI appeals understands the complex legal requirements and can effectively present your case.
• Improved chances of success: Applicants with legal representation are more likely to win their appeals due to the attorney’s knowledge and experience.
• Preparation and guidance: An attorney can help gather and present new medical evidence, prepare you for questions the judge may ask, and ensure all paperwork is correctly filed.
• Reduced stress: Navigating the appeals process can be daunting. An attorney can handle the legal complexities and communications with the SSA, reducing your burden.

What is the reconsideration level of the appeal process?

Reconsideration is the first level of the appeals process. At this stage, someone who did not take part in the initial decision will review your case, including any new evidence you provide. This step involves a thorough re-evaluation of your application and medical records to determine if the original decision should be overturned.

How do I request a reconsideration?

To request a reconsideration, you must submit a request to the Social Security Administration (SSA) within 60 days of receiving your denial notice. An attorney can submit the appeal on your behalf.

What happens if my reconsideration is denied?

If your reconsideration request is denied, you can proceed to the next level of appeal, which is a hearing before an administrative law judge (ALJ). An attorney can review your denials and explain the reasons you were likely denied at the initial level.

What is a hearing before an Administrative Law Judge (ALJ)?

The hearing level involves presenting your case to an administrative law judge. During the hearing, the ALJ will review your case, hear testimony from you, question a vocational expert, and evaluate any new evidence you present. Your chances of approval are higher with the help of an attorney.

How do I request a hearing before an ALJ?

To request a hearing, you must submit a request to the SSA within 60 days of receiving the reconsideration denial. An attorney can submit the appeal on your behalf.

What should I expect during the ALJ hearing?

During the hearing, the judge will ask detailed questions about your disability, review new medical evidence, and hear testimony. Having an attorney present can significantly increase your chances of success by presenting compelling evidence, cross-examining experts, and advocating on your behalf.;

How much does it cost to hire an attorney for my SSDI appeal?

Most SSDI attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the back pay you are awarded, up to a maximum amount set by the SSA.