Social Security Disability Denial and Reconsideration
A Social Security disability application may be denied for several reasons. Most often it is because the Social Security Administration (SSA) does not believe that the applicant's conditions qualify them for disability benefits. In order to qualify for Social Security disability payments, your condition must prevent you from working for at least one full year or is expected to result in your death.
If you receive a denial notice from the SSA, don't panic! Denials are common, and there are multiple chances for appeal. Hiring an attorney as soon as possible in your application process can help you navigate both the initial application and any necessary appeals much more quickly and thoroughly. The Social Security Administration recognizes the legal right of all applicants to choose their own Social Security disability lawyer.
After a denial, the next step is to request a reconsideration from the SSA, which begins when you or your attorney files a Request for Reconsideration and an Appeal Disability Report, both of which can be filled out online or requested from the Social Security office. The SSA then sends these forms to the State Disability Determination Services (DDS) office where a reviewer who has not yet dealt with your case will analyze your medical records and other information to determine whether or not your medical condition qualifies for SSD benefits.
Social Security Disability Appeals
If the reconsideration results in a second denial, you may appeal to the Social Security Administration itself. You or your attorney may file a Request for Hearing by Administrative Law Judge and an Appeal Disability Report, along with any new medical information that has come up since your reconsideration. The SSA will schedule a hearing for you in front of an administrative law judge, and you are allowed to have your attorney represent you at this hearing. The judge will discuss your case with you and your attorney, and will then send you their decision in writing.
If you disagree with the administrative law judge's decision, you may request a review of your case by the Appeals Council by filing a Request for Review or Decision/Order of Administrative Law Judge. The Social Security Administration assigns a reviewer to examine your medical records and determine whether or not you meet the SSA's requirements for a disability. You will also receive notice in writing of what the reviewer decides.
If after the Appeals Council Review you are still denied Social Security disability benefits, you may bring a case to the District Court where you live. If you have not had an attorney up to this point, you must hire one now to help you file and fight your case. The District Court will hear your case and will also give you a decision in writing.
Filing for Social Security disability benefits can be overwhelming, especially if you are already living with a disabling medical condition. Hiring an experienced Social Security disability attorney can help you navigate the complex appeals process. Page Law can help put you in contact with Missouri disability denial lawyers who have have experience with Social Security disability denials and reconsiderations. They will build the strongest case possible for you and represent your interests aggressively at every stage of appeal. Call Page Law today at (314) 322-8515 for a free consultation.
Additional Social Security Disability Information
- Digestive Disorders
- Disability Denial and Reconsideration
- Disability FAQ
- Heart Disorders
- Medicare/Medicaid
- Social Security Checks
- Social Security Disability
- Social Security FAQ
- Spinal Cord Injury
- Vision Disorders
