Disability Claim Denied: What's Next?

Having a disability claim denied does not necessarily mean that you will not eventually receive benefits. The Social Security Administration (SSA) denies the majority of benefit applications it receives, mainly due to a lack of proper, supporting evidence.

The Reasons for Denial

The SSA can deny an application for benefits for many different reasons. Nevertheless, there are several common reasons that occur more frequently. These reasons include failing to provide medical documentation of the illness and failing to provide documentation of the inability to work.

The third reason for a denial is the failure of the application to provide requested additional information after being requested to do so by the agency. The first time the agency requests additional information, it suspends review of the file until its receipt, but will denial an appeal if the information is not timely received.

The Disability Appeals Process

The SSA has a four-step appeals process: secondary case manger review, administrative law judge review, appeals council board review and federal judicial review. Each of these appeals must be separately requested after the conclusion of the previous review. As an example, once a second case worker denies an application, the applicant must request, in writing, that an administrative law judge reviewed their file.

The type of review performed in each stage differs. Generally, the file itself is reviewed in the first two steps, but any subsequent appeals review only the procedures performed by the appeal body to ensure that the agency’s laws were adhered to. Therefore, an applicant may  not always be able to supply additional information for inclusion and review during the appeal.

How to Appeal a Claim

If your benefit claim is denied, you should appeal the decision. Walking away from an application means that you will not receive benefits and also that you will have to complete a new application in the future. If, however, you appeal your claim, you may eventually be awarded benefits.

The essential component of any appeal is to provide the reviewing authority with all of the information it needs to demonstrate why their initial denial was improper. Although the SSA might not always provide a reason for their denial, they usually do. This reason is the cornerstone of any appeal--it is what the applicant should try to contradict in his appeal. This can be accomplished by providing additional medical records, physician records or information about his inability to work.

The Importance of Legal Representation

Having legal representation is extremely important during the appeals process. A lawyer can guide you in refuting the basis for the denial and providing additional, necessary evidence to support your claim of being disabled. An experienced lawyer will guide you through the application and appeals process and be responsible for every aspect. Experienced assistance makes it more likely that you will receive benefits or win your appeal.