Child Disability Claim Denials and Appeals

Child Social Security Disability

• Child SSDI Overview
• Qualifying for Child SSDI
• Child Disability Medical Exams
• Eligible Child Disabilities
• Child Disability Claim Evaluations
• Approved Child Disability Claims
• Denied Child SSDI Claims and Appeals
• Special Circumstances for Child SSI and SSDI

Social Security notifies you in writing, advising you of the denial, reasons for denial and your appeal rights.

Reaons for Child Disability Denials that May be Disputable:

• SSI claims, excessive income or assets.
• Disability is short time, lasting less than a year.
• Insufficient medical evidence or failure to go to a consultative examination
• impairments are not severe
• Failure to follow recommended therapies

Appealing a Child SSDI Denial

Request for reconsideration

This made by someone who did not review your claim the first time. It is usually a paper review. You can submit new information.

Appealing to an administrative law judge

The ALJ is someone who did not review your case at any previous level. You are entitled to present witnesses, give testimony, or question any witness that maybe asked to attend by the ALJ.

This is often the most important stage for a child’s disability case because it is the first time testimony is given. Also the ALJ has the ability to observe the child and the child’s behaviour.

Appealing to the Appeals Council or Decision Review Board

The appeals council has discretion to review or not review a claim. Denial of reviews can be appealed to the Federal Court.

Appealing to a Federal District Court

This method of Disability appeals is usually the last and most serious level of appeals which involves complex, disputable Disability claims. The assistance of an expert Disability Attorney is imperative.