Social Security Disability Insurance (SSDI) benefits may provide financial support to individuals whose physical or mental impairments prevent them from working. The Social Security Administration (SSA) may unjustly deny your valid claim even if you are unable to work. Most cases are denied due to insufficient medical evidence, which may force claimants to go through a lengthy appeals process.
Disability claimants may not need to resign themselves to giving up on a disability claim after their first denial if they have yet to get in touch with a Lake County SSDI lawyer. With the assistance of an experienced social security attorney, you may be able to appeal this decision, overturn the initial ruling on your case, and get the benefits you need.
The Role of Letters of Denials
If the Social Security Administration (SSA) denies an application for SSDI benefits, they must send a notice to the rejected applicant explaining as much. This notice from the SSA typically includes a brief description of the applicant’s medical condition, the impairments that were considered, and an explanation for the denial.
The letter might say that the applicant may be able to perform another type of job other than their prior work based on their current condition. Some notices may also include what is known as a “technical rationale”, which is a detailed explanation of what medical issues led to the denial and a discussion of the applicant’s residual functional capacity.
Levels of Appeal Available
The initial level of appeal after an SSDI claim denial could be filling out a reconsideration of denial form, which could be done with the help of an attorney. The form would typically be reviewed by a medical examiner and consultant and the claimant may receive a decision after a few weeks or months, depending on the number of cases the agency has.
The next level of appeal is a hearing before an Administrative Law Judge (ALJ), where the decision-making process may slow down. Claimants may wait months or even years to get a hearing date with a judge.
It must be noted that federal court judges deal with a number of cases that might have nothing to do with Social Security disability, so an SSDI claim may be pushed back as a result. It may be critical to retain a Lake County SSDI lawyer quickly when an SSDI case finally does make it through the system.
Alternative Actions to Contesting Denied Claims
If the SSA denies or terminates someone’s benefits, there are alternate steps an individual could take outside of the appeal process. A person could request a reopening of the claim, which involves asking an administrator of the SSA to reevaluate the claim. After a year has passed, reopening a claim may only be allowed in certain situations.
If the claimant loses their appeal, they may have the option to file another initial claim, which could start the whole process from the beginning. If there is a change in the applicant’s decision, such as the degradation of a condition or development of new impairments, it may warrant a different disability decision.
Could a Claimant Receive Benefits While Appealing?
If the SSA terminates someone’s benefits, there is a chance that they may be able to continue receiving benefits while they appeal up through the judge’s decision after a hearing. In order for a beneficiary to continue receiving benefits in this situation, the claimant must sign and return Form SSA-769 within ten days of receiving the notice of denial. Filing the form is an additional step to the appeal itself that an SSDI lawyer in Lake County may be happy to assist with.
Contacting a Lake County SSDI Attorney
Disability insurance claim paperwork can be frustrating and complex. Fortunately, an experienced Lake County SSDI lawyer could help simplify the SSDI application, appeals, and hearing process for you by taking some of the associated burdens off your shoulders and aggressively fighting for your legal rights. To schedule an initial appointment and discuss your case, call today.
