Social Security Disability benefit denial appeal Services
Social Security Disability Advocates Building the Bridge For You.
At SSD Appeal, we believe that everyone has the right to receive Social Security benefits when they are unable to work due to disability or illness. Our attorneys and expert representatives are dedicated to helping clients navigate the complex Social Security Disability system and obtain the benefits they deserve. We understand that this process can be overwhelming and stressful, which is why we provide compassionate and personalized support to each of our clients. Many times we find that the claim was denied because the case presented to the Social Security Administration did not provide the necessary proof and explanation required to make an award of benefits readily apparent for the claims specialist. Sometimes a reconsideration petition will suffice; however, a new claims brief with supporting medical evidence, records and references presented at a hearing may be required. We have experience and successes in navigating even the most difficult claims to fully favorable decisions at the hearing level. Contact us today to schedule a free consultation.
Why You Were Denied
COMMON REASONS FOR DENIAL
The most frequent reasons for claim denials are:
1. Insufficient Medical Evidence or Documents to Prove a Claim.
2. Failure to Meet the Social Security Administration Criteria.
3. Missing Filing Deadlines Required by Social Security Administration.
UNDERSTANDING THE APPEALS PROCESS
DON'T LOSE HOPE. 4 LEVELS OF APPEALS.
DON'T LOSE HOPE. 4 LEVELS OF APPEALS.
DON'T LOSE HOPE. 4 LEVELS OF APPEALS.
1. RECONSIDERATION: A complete review of your application by a different Social Security Administration representative.
2. HEARING: Presentation of your case before an administrative judge.
3. APPEALS COUNCIL: A review of the judge's decision.
4. FEDERAL COURT: A final appeal if all other appeals are unsuccessful.
Our greatest successes have occurred at the Hearing level, not requiring further appeals. However, all cases are different, requiring differing strategies, evidence, proof, and advocacy.
TIPS FOR BUILDING A STRONG APPEAL.
DON'T LOSE HOPE. 4 LEVELS OF APPEALS.
DON'T LOSE HOPE. 4 LEVELS OF APPEALS.
1. In the appeal, it is important to address the specific reasons and rationale for the denial of your claim.
2. Submit all pertinent medical evidence, documentation, and medical records to support your claim.
3. Submit a supporting memorandum and brief in support of your claim. Provide explanations and cross referencing to the supporting medical evidence and documentation.
4. Work closely with your advocate to build the a strong case.
The Ultimate Guide to Winning Social Security Disability cla
Step By Step Roadmap
Understanding Social Security Disability Claims
What Are Social Security Disability Benefits?
Social Security Disability benefits provide financial support to individuals who are unable to work due to a medically determinable impairment. These benefits aim to cover essential living expenses for disabled workers and their families.
The two main programs under SSD include:
- Social Security Disability Insurance (SSDI): Based on your work history and Social Security tax contributions.
- Supplemental Security Income (SSI): Designed for individuals with limited income and resources.
Who Qualifies for Social Security Disability?
To qualify for SSD benefits, you must:
- Have a condition that prevents you from engaging in substantial gainful activity (SGA).
- Prove your condition has lasted or is expected to last at least 12 months or result in death.
- Meet the SSA’s definition of a disability for your specific condition.
Preparing Your Social Security Disability Application
Gathering Essential Documentation
Successful claims rely heavily on thorough documentation. Key documents include:
- Medical records detailing your diagnosis, treatments, and prognosis.
- Employment history and tax records.
- Personal identification and proof of citizenship.
Writing a Strong Disability Statement
A compelling disability statement explains how your condition affects your daily life and ability to work. Be honest and provide specific examples to illustrate the limitations you face.
Meeting the SSA Criteria
Review the SSA’s Blue Book, which outlines medical criteria for specific disabilities. Ensure your documentation aligns with these requirements.
Key Factors for Success in Social Security Disability Claims
Medical Evidence: Why It’s Crucial
Comprehensive medical evidence is the backbone of any successful SSD claim. Regularly consult with your healthcare providers to maintain updated records, including test results, treatment plans, and physicians’ opinions.
Avoiding Common Application Mistakes
Many claims are denied due to preventable errors, such as incomplete forms, missing documentation, or inconsistencies in information. Double-check everything before submission.
Timing and Filing Deadlines
Submit your application as soon as you’re unable to work. The sooner you file, the sooner you may receive benefits.
Navigating the Application Process
How to File an Initial Application
You can apply for SSD benefits online, by phone, or in person at your local SSA office. Follow these steps:
- Gather all required documents.
- Complete the application form accurately.
- Submit supporting evidence with your application.
Working with a Disability Advocate or Attorney
Hiring a professional can significantly improve your chances of approval. They understand SSA regulations, can help gather evidence, and will represent you during hearings.
Tracking Your Application Status
After submitting your application, monitor its progress through the SSA’s online portal or by contacting their office directly.
FAQs: Your Questions About Winning Social Security Disability Claims Answered
How long does the approval process take?
- Initial applications: 3-5 months on average
- Reconsideration: 3-6 months
- ALJ hearing level: 12-18 months
- Total process can take 1-3 years if multiple appeals needed
- Some conditions qualify for expedited processing through Compassionate Allowances
Can I work part-time while receiving benefits?
- You can attempt trial work periods (TWP) without losing benefits
- You get 9 TWP months within a rolling 60-month period
- In 2025, any month earning over $1,110 counts as a TWP month
- After TWP, you can still receive benefits during extended eligibility
- Must stay under Substantial Gainful Activity (SGA) limits
- Report all work activity to SSA
What's the role of an attorney in the process?
- Evaluates claim strength and develops case strategy
- Gathers and organizes medical evidence
- Communicates with SSA on your behalf
- Prepares you for hearings
- Questions experts during hearings
- Handles appeals if necessary
- Usually works on contingency (only paid if you win)
- Fee limited to 25% of past-due benefits or $7,200, whichever is less
Is there a limit to how many times I can appeal?
No set limit, but you must:
- Appeal within 60 days of each denial
- Present new evidence or arguments at each level
- Follow the proper appeal sequence
- Meet all technical and medical eligibility requirements
Are Social Security Disability benefits taxable?
- Up to 50% of benefits may be taxable if income exceeds certain thresholds
- For individuals: income over $25,000
- For couples filing jointly: income over $32,000
- Some states may also tax benefits
- Consult a tax professional for specific guidance
Can my family also receive benefits?
Eligible family members include:
- Spouse age 62 or older
- Spouse caring for your child under 16 or disabled
- Unmarried children under 18
- Unmarried children under 19 if full-time students
- Disabled adult children if disability started before age 22
- Total family benefits usually limited to 150-180% of your benefit
What medical conditions automatically qualify for SSD?
Conditions in SSA's Compassionate Allowances list include:
- Many aggressive cancers
- Early-onset Alzheimer's disease
- ALS (Lou Gehrig's disease)
- Some rare genetic disorders
- Certain neurological conditions Other conditions must meet specific medical criteria in SSA's Blue Book
How can I improve my chances of approval?
- Submit complete, detailed medical records
- Get written statements from treating physicians
- Document all treatments and medications
- Keep a detailed symptom and limitation diary
- Follow prescribed treatments consistently
- Meet all deadlines and respond promptly
- Consider professional representation
- Be honest and specific about limitations
What happens if I miss a deadline during the process?
- Default 60-day appeal windows
- Must show "good cause" for late appeals
- Acceptable reasons include:
- Serious illness
- Death/serious illness in immediate family
- Records were destroyed
- Never received notice
- Wrong information from SSA
- Without good cause, must start new application
How does the SSA evaluate mental health conditions?
SSA considers:
- Medical documentation of symptoms
- Functional limitations in:
- Understanding/memory
- Social interaction
- Concentration/persistence
- Adaptation to change
- Treatment history and compliance
- Activities of daily living
- Professional and personal relationships
- Work-related abilities
What's the difference between SSDI and SSI?
SSDI (Social Security Disability Insurance):
- Based on work credits and FICA taxes paid
- Benefit amount based on earnings history
- Medicare eligibility after 24 months
- No resource limits
- Dependents may qualify for benefits
SSI (Supplemental Security Income):
- Need-based program
- Must have limited income and resources
- Benefit amount based on federal rate and state supplements
- Immediate Medicaid eligibility in most states
- No work credits required
- No dependent benefits
free consultation and no fees unless you win your claim
Free Consultation
We offer a free consultation to discuss your Social Security disability claim. Our experienced attorneys will listen to your story and help you understand your options. We'll fight to get you the benefits you deserve.
No Fees Unless We Win
We understand that Social Security disability cases can be expensive, which is why we don't charge any fees unless we win your case. You don't have to worry about out-of-pocket expenses or upfront costs.