Denied Social Security Disability Insurance?

 In Social Security

Have you been denied Social Security Disability Insurance? Do not worry; this is a fairly common occurrence. The biggest mistake you can make at this point is to accept the denial and not appeal. You should always appeal a denial you receive from Social Security.

Usually there are three general reasons you were denied:

  • The first reason being a lack of medical treatment. If you are not receiving treatment from a medical provider then you will not have medical evidence to support a finding that you meet the definition of disability. A diagnosis and your word is simply not enough to be awarded benefits. You need to have treatment from a valid medical doctor explaining not only your condition but also your limitations.
  • Another reason you may be denied is you are able to work. Social Security Disability requires proof that you are not only able to perform your past work, but also that you are also unable to perform any other type of jobs in the national economy. Social Security is not necessarily concerned as to whether you know how to other jobs, but whether you are functionally able to complete them.
  • The third reason people are denied is a lack of knowledge about the Social Security program. To have the best shot at winning your claim you should seek representation from a Social Security Disability Attorney.

If you receive a denial, you should absolutely appeal. You have sixty days to appeal any denial you receive, no matter the case stage. The easiest way to file an appeal is by visiting the Social Security Disability website at https://secure.ssa.gov/iApplsRe/start. Once at this website you will want to click on the box that asks you to start a new appeal. Then simply follow the prompts and submit your appeal at the end. Another way to appeal your claim is by calling the National Social Security number at (800) 722-1213. You will need to answer questions regarding your updated medical history and any changes in your conditions since your last application. This appeal will generally take 20-30 minutes. As a final option, you may enter an appeal in person at your local Social Security office. The location of your local office should be written on the denial paperwork you received from Social Security.

If you attended a hearing in front of an Administrative Law Judge, your appeal will then be handled by the Appeals Council. To submit an appeal to the Appeals Council, you simply need to write on a piece of paper that you wish to appeal. Then you may mail or fax that letter to the appeals council address listed on your denial paperwork.

If you have received a denial from the Appeals Council, your next option would be to file a complaint in Federal District Court. If you do not already have a Social Security Disability Attorney helping you with your case, at this stage you must find one. As the Social Security Disability claims process is difficult, I recommend having a Social Security Disability Attorney help with every step of the process. However, at the district court stage it is required.

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