Have you received a letter from the Social Security Administration (SSA) informing you of its decision to deny your claim for disability benefits? If so, you shouldn’t give up hope. In fact, the majority of first-time applicants seeking Social Security Disability (SSD) benefits have their claims denied including many with valid claims.
An application denial does not automatically mean the end of the road. The Social Security Administration has a formal process that allows applicants to file appeals and request additional reviews of denied or undervalued claims.
At Morgan, Collins, Yeast & Salyer, our disability lawyers are knowledgeable about disability law and can help you gather additional medical evidence of your disability and represent you in the appeals process. Call us at (877) 809-5352 or contact us online to get started with a free initial consultation.
Common Reasons Social Security Disability Claims in Kentucky Are Denied
Here are some of the most common reasons the SSA denies Social Security Disability claims in Kentucky:
- Lack of medical evidence – You must demonstrate a qualifying disability to obtain SSD benefits. The SSA will likely deny your application if you don’t have sufficient medical evidence of your disabling condition to support your claim.
- Too much income – If you continue to work despite a disability, the SSA may deny your application if your income exceeds certain thresholds.
- Failure to comply with requests – Failure to respond to requests for additional evidence or to submit to an exam by a doctor hired by the Social Security documentation can result in a denial of a claim.
- Previous application denials – The SSA reviews prior applications and claims when reviewing new applications, so a history of denials could count against you.
- Failure to follow care plans – If you fail or refuse to follow your prescribed care plan, the SSA may deny your claim because it’s impossible to tell whether your condition is disabling without proper treatment.
- Criminal or addiction concerns – The SSA may deny your application if it believes that your disability is the result of a drug or alcohol addiction, or occurred while you were committing a crime. Your claim will also be denied if you try to obtain benefits fraudulently.
Mistakes To Avoid After an SSD Claim Is Denied
One of the most common mistakes that applicants make after receiving an SSD denial notice is skipping the appeals process and immediately starting a new application. According to the SSA’s metrics, only about one in five first-time applicants have their benefits claims approved. If you start over with an entirely new application after a denial, you will effectively put yourself back at square one.
Many applicants who have received denial notices successfully appeal and obtain disability benefits through the hearing process. You can increase your chances of securing benefits by working with a knowledgeable disability attorney in Paducah.
What To Do if Your Appeal Is Denied?
When you are struggling with a disabling health condition, keeping up with everyday life can be challenging. Fighting a large federal bureaucracy to demand disability benefits can seem overwhelming.
Fortunately, you don’t have to face the challenge alone. Our trusted disability attorneys at Morgan, Collins, Yeast & Salyer have the Kentucky Courage to stand up to bureaucracy and help you navigate the appeals process with confidence.
One of our experienced lawyers can seek the evidence and information to demonstrate that you qualify for disability benefits.
What Are the Four Levels of Appeal for SSD Claims?
The process of applying for SSD benefits can be complex and confusing. Fortunately, the process of filing an appeal is comparatively straightforward.
There are four stages in the appeals process for SSD claims:
- Reconsideration request – If you disagree with any aspect of the SSA’s decision about your application, you can begin the appeals process by filing a request for reconsideration. You have 60 days to submit a reconsideration request after receiving a notice of denial or an unfavorable determination. If the SSA consents to reconsider your application, a case reviewer who was not involved in making the initial decision will conduct the review. You are permitted to submit new evidence with your reconsideration request. An experienced SSD appeals attorney can help you identify the new evidence that would strengthen your claim.
- To submit a request for reconsideration, you can visit the Appeal a Decision page on the SSA’s website. You may also complete a physical copy of the SSA-561-U2 (Request for Reconsideration) and mail it to your local SSA office.
- Hearing with an Administrative Law Judge – If the SSA still denies your application upon reconsideration, your next step is to request a hearing before a judge who hears disability appeals. You have 60 days after receiving a decision regarding your reconsideration request to ask for a hearing. The hearing stage is your best opportunity to overturn a denied claim and obtain benefits. The hearing is a legal proceeding and you will be expected to follow the rules of administrative law for entering evidence and questioning witnesses. A knowledgeable attorney can help you gather medical evidence to support your claim and submit testimony to support your claim. If your request is approved, the SSA will typically schedule the hearing at a location within 75 miles of your home or to be held online.
- Review by the Appeals Council – If the administrative law judge denies your application for benefits, your next option is to request a review by the Social Security Appeals Council. If the Appeals Council agrees to consider your appeal, the council may conduct the review itself or transfer your case back to the ALJ for further consideration.
- Review by a Federal Court – If the Appeals Council rejects your request for additional review or you disagree with the Council’s determination, the last stage of the appeals process involves requesting a review in a Federal Court.
- You must file a lawsuit requesting a review in Federal Court within 60 days of receiving notice of the Appeals Council’s decision. If the Court decides that further review of your case is warranted, it can conduct a new hearing or return the case to the SSA. Depending on the outcome, the Court may deny your application or order the SSA to pay the benefits you are owed.
If you are filing a disability appeal, you are entering a legal process. You will benefit from the guidance of an SSD attorney who understands federal disability law and how to present your appeal to have the best chance of being successful. Our attorneys are proud to have used our Kentucky Courage to help many disabled Kentuckians obtain disability benefits when they could no longer work due to a diagnosed medical condition.
How Long Does the SSD Appeals Process Take?
Once you receive notice of a claim denial and request a reconsideration, you can expect to wait three to five months before receiving a decision on the reconsideration.
If you receive an unfavorable determination after reconsideration and continue through the appeals process, you’ll need to submit your request for an ALJ hearing within 60 days of the reconsideration decision. Once you submit this request, it can take months to have a date scheduled for the hearing.
The appeals process can be lengthy. People suffering from severe or life-shortening conditions may be eligible for expedited approval under the SSA’s “Compassionate Allowances” program.
How To Check the Status of Your SSD Appeal
If you already have a “my Social Security” account, you can check the status of your SSD application or appeal request at any time on the SSA website. Simply sign in to your account, scroll down to click on “Your Benefits Application,” and then click “View Details” to see your application or request status.
If you are working with the Paducah SSD lawyers at Morgan, Collins, Yeast & Salyer, you can rest assured that we’ll carefully monitor the status of your claim and provide you with regular updates to keep you informed.
Get in Touch with a Paducah SSD Lawyer Today
Going up against a large government agency like the SSA can be daunting. There’s no reason to face the process alone. The respected Paducah SSD attorneys of Morgan, Collins, Yeast & Salyer can help you identify the reasons that your claim was denied and craft a compelling appeal. Call us at (877) 809-5352 or fill out our online contact form to discuss the details of your case in a free initial strategy session.
