Filing a disability claim is frustrating to navigate and time-consuming. As an Indianapolis disability law firm, we know how complicated the social security application process can be.
It is easy to have your disability claim denied for any number of minor errors or inconsistencies.
Maybe you had your claim denied because you didn’t provide enough medical evidence to support it. Perhaps your disability isn’t considered severe enough. It could even be something as minor as entering your contact information incorrectly.
You’re not alone. On average, the Social Security Administration (SSA) denies 60-70 percent of social security disability benefits claims at the initial level.
At Barnes Cadwell Law, our Indianapolis disability attorneys are here to help you navigate this challenging process. We will ensure you receive the benefits you deserve.
What to Do After a Denial
Find out why the Social Security Administration denied your claim. You’ll have received a denial letter from them in the mail.
This letter will describe your medical condition. It will explain the disabilities and the medical records the SSA considered. It will also explain the reason for denying your claim.
Some denial claims contain a Technical Rationale for the denial. This is a thorough explanation of the reasons behind your claim’s denial. It will include the medical issues that lead to the denial and a discussion of your residual functional capacity (RFC).
If your denial letter does not include a technical rationale, you can request your file from the SSA. This can be helpful in understanding why your claim got denied.
Rest assured, a denial does not mean you aren’t disabled.
If your disability claim got denied, consider hiring a social security disability attorney or law firm to assist you in navigating the appeals process.
Why Filing a New Claim Is a Mistake
So, your social security disability claim got denied. It might seem like filing a new claim is the better alternative.
It isn’t. And here’s why.
In many situations, the SSA will actually deny your new claim because of your prior claim. When the person reviewing your new claim sees that you’ve already applied for Social Security Disability and the SSA denied benefits, it is likely they will deny your new claim could be denied.
New applications for the same disability may receive a denial letter for the same reasons as the original application.
Going through the appeals process is far more likely to generate positive outcomes. If you have received a denial of your disability benefits once, you should appeal your claim.
Keep in mind, the time limit for a social security disability appeal is 60 days from the date of receipt of a decision.
Why You Should File an Appeal Instead
It may surprise you, but most denied disability claims are not appealed.
Some claimants get frustrated and give up on the process. It can be very frustrating and complicated for most folks. Navigating the process alone can often overwhelm an individual.
Another reason many claims are not appealed is that the claimant files the appeal too late. In many instances, claimants wait to file their appeal until after the 60-day time limit.
Other claimants make the mistake of filing a new claim when their original claim gets denied. As previously mentioned, filing a new claim is not a productive approach.
If you want to avoid having to start over at the beginning of the process, consider filing an appeal. Appealing your claim gives you the best chance of winning benefits.
What You Need to Know About the Appeals Process
Just like the application process, the appeals process is complicated. But don’t worry, there’s a light at the end of the tunnel.
If you’ve had a disability claim denied, here is what you can expect from the appeals process.
First, you’ll need to file a request for reconsideration.
A request for reconsideration means you are asking the Social Security Administration to reconsider your original claim. You’ll need to find a medical consultant and examiner who were not involved in your original claim to conduct the request.
If your request for reconsideration gets denied, you can request an appeal.
When you request an appeal, you will have a hearing before an administrative law judge (ALJ).
The Social Security Administration’s office employs the administrative law judge. You will present your case to the judge and the judge will decide whether to overturn the denial or not.
In the event the ALJ denies your request for appeal, you can request that an Appeals Council review your claim.
To be honest, it is rare for an appeals council to grant a review. This usually only happens if there is an error with the ADJ’s decision to deny your appeal.
You can take your appeal to a federal court for review in very few instances.
If your case goes to a U.S. District Court, a judge will listen to the case and may decide to reverse a previous judgment.
However, in most cases, the judge will send the case back to Social Security for further review.
Appealing a social security disability claim is a difficult, complicated, and exhausting process, but it is worth it. An experienced Indianapolis disability law firm can make the process much easier for you.
Learn more information about the social security disability appeals process.
Hire a Quality Indianapolis Disability Law Firm
Don’t wait until you’ve reached your wit’s end with the social security disability appeals process. You could be missing out on winning the benefits you are entitled to. Just because your claim got denied does not mean you aren’t disabled.
If you’ve been denied Social Security disability benefits, you should consider getting the help of an experienced Indianapolis disability law firm.
For a free initial consultation, contact Barnes Cadwell Law today.