What to Do If Your SSDI Benefits Claim Is Rejected
There is still hope for getting an approval of your application for social security disability income (SSDI) benefits if your initial attempt is rejected. An appeals process is available to you to challenge the Social Security Administration's decision. But you need to hire a social security disability lawyer to help you through the process. This is your second chance and you need someone who understands all of the steps. Here is what your lawyer will help you with so your next attempt is successful.
The On-the-Record (OTR) Decision
This phase focuses on why your application satisfies all of the Social Security Administration requirements for benefits. The review of the material and decision about your benefits is in the hands of an Administrative Law Judge that is assigned to your case. To get ready for this, your lawyer will put together the following information:
- New medical evidence, testimonies, and statements from health care providers that show why your condition meets the criteria.
- A legal brief outlining why your condition prevents you from working.
- Proposal of a decision to be recommended to the judge on your case.
Why You Were Rejected
If you put together the initial application yourself, there may have been one or more issues that your lawyer will clarify in the appeals documentation they assemble for you. Some of the typical problems are these:
- Reporting an income over the maximum allowable income to receive benefits.
- Failing to show that your injury will keep you from working for at least one year.
- Failing to report medical treatment that might be relevant to your current injury.
- Reporting that you failed to follow up on a treatment recommendation from your doctor.
Your lawyer will gather information from you and your health care providers to prove that you are eligible for SSDI benefits according to the Social Security Administration's requirements.
Once your attorney has all of the information together, they will work with the attorney adjudicator assigned to your application. This person will determine if your appeal warrants being given to the administrative law judge for review. You definitely need a social security disability lawyer to do this step, as it is your only chance to get in front of the judge.
This is also a critical step. Should your appeal not get past the attorney adjudicator, or if the judge denies your claim again, you're faced with the final appeal process, which is a hearing phase.
As soon as you are notified of the rejection of your SSDI benefits application, get a lawyer involved. It's the best way to make sure your second attempt is a success. Contact a social security disability lawyer from a firm such as the Law Offices Of Russell J. Goldsmith.