Have you received a notice stating that your application for Social Security Disability (SSD) benefits has been denied? If so, don’t lose hope. You may appeal the decision. According to the Social Security Administration (SSA), nearly 80 percent of first-time SSD applications receive denials. Many people in Paducah with valid disability claims, file appeals to seek the benefits they need.

At Morgan, Collins, Yeast & Salyer, our knowledgeable disability lawyers can help you turn your case around by preparing an effective appeal. Don’t accept a denial letter as the last word on your claim. Explore your legal options to pursue an appeal. Call us today at (877) 809-5352 or contact us online for a free initial consultation.

Reasons Why Disability Claims are Denied

The Social Security Administration commonly denies SSD claims for the following reasons:

  • Lack of medical evidence– To claim disability benefits, you must be able to prove that you have a qualifying disability. If you do not have enough medical evidence to support your disability claim, the SSA will deny your request for benefits. Our attorneys can help you get a second medical evaluation to add more information about your disability to your medical file.
  • Too much income– The SSA’s eligibility rules state that you must be unable to maintain gainful employment because of your disability to qualify for benefits. If you are still working in spite of your medical condition or the claims examiner determines that you are still able to work, your SSD claim may be denied if your income is above certain thresholds.
  • Failure to comply with requests– If you fail to comply with a request by the SSA for you to submit to a medical exam by a doctor to assess your disability, the SSA may deny your claim because it does not have enough information to make a determination.

Filing an Appeal

When you file an SSD benefits application, the SSA will send you a letter to notify you of its decision. The letter contains instructions on how to file an appeal if you disagree with any part of the decision.

What to Expect from the SSD Appeals Process

There are four key stages to the SSD appeals process, including:

  1. Reconsideration request– If your claim is denied or you disagree with any aspect of the SSA’s determination, you have the right to request a reconsideration of your application. You must submit your request for reconsideration within 60 days of receiving the denial notice. If the SSA agrees to reconsider your claim, a claims examiner who was not involved in the initial determination will conduct the review. In addition to the original information you submitted, you will be allowed to submit new evidence along with your reconsideration request.

You can submit a request for reconsideration through the Appeal a Decision page on the SSA website. You can also fill out a physical copy of the SSA-561-U2 (Request for Reconsideration) form and submit it at the Social Security Office in Paducah.

  1. Hearing with an Administrative Law Judge– If your claim is denied upon reconsideration, your next step in the appeals process is to request a hearing before an Administrative Law Judge (ALJ). You must submit a request for a hearing within 60 days after receiving notice of the reconsideration decision. The judge who hears the appeals will be someone who has not been involved in any of the decisions about your case so far.

Like a reconsideration request, you can submit a request for an ALJ hearing online. You can also fill out a physical copy of the HA-501 (Request for Hearing by Administrative Law Judge) form and mail it to the nearest SSA office. If your request is approved, the SSA will typically either schedule the hearing at a location within 75 miles of your home or allow you to attend the hearing virtually. A hearing is a formal legal procedure. It’s important to have an experienced Paducah SSD attorney represent you at the hearing and present medical evidence supporting your disability claim during the appeal process.

  1. Review by the Appeals Council– If the administrative law judge denies your claim after a formal hearing, you can file a request for further review by the Social Security Appeals Council. If the Appeals Council agrees that the judge applied the law in error in deciding your case, the Appeals Council can conduct an additional review itself or send your claim back to the ALJ for additional review. The Appeals Council may deny your appeal if it finds that the administrative law judge’s decision complied with Social Security law. You can submit a request for review by the Appeals Council by mailing a completed copy of the HA-520 (Request for Review of Hearing Decision/Order) form to the SSA.
  2. Review by a Federal Court– If the Appeals Council refuses to review your case or you continue to disagree with the Council’s determination, the final stage of the appeals process involves asking a Federal Court to review the case. To do so, you must file a lawsuit in a U.S. District Court within 60 days of receiving notice of the Appeals Council’s determination. If the Federal Court agrees that further review is warranted of your SSD claim, it may decide to conduct a new hearing on its own or return the case to the SSA and order the SSA to award you the benefits you are claiming.

How a Paducah SSD Lawyer Can Help with Your Social Security Disability Appeal

The Social Security rules that govern disability benefits and appeals are complicated. Appealing a denied disability claim and navigating the administrative law process can be intimidating and confusing. You should not go through this process without experienced guidance. The seasoned Paducah SSD lawyers at Morgan, Collins, Yeast & Salyer can review the reason your disability application was denied and craft an appeal on your behalf. Our attorneys have the Kentucky Courage to stand up and demand the full benefits available to you by law. Call us at (877) 809-5352 or fill out our online contact form to discuss your case with an experienced attorney in a free initial consultation.