You should appeal if your Social Security Disability claim was denied. You deserve to access the medical care you need, and there are several reasons the Social Security Administration may have denied your claim. This doesn’t mean you do not have options going forward. You have the right to appeal your denial.
Our firm can file a formal appeal on your behalf, and if they don’t reconsider, we can escalate the matter to a higher authority. If you consult with us, we’ll be able to tell you more about appealing and everything else we can do for you.
What to Do After Your Disability Claim Is Denied
Ever since your claim was denied, you’ve likely been feeling upset about it and even desperate for benefits. However, you’ve still got options, like reapplying or appealing.
Should I Appeal or Reapply if My Social Security Is Denied?
Typically, it’s better to appeal than to reapply. If you reapply, it can be time-consuming and frustrating, but if you appeal, it can be much quicker and simpler. Also, in some cases, the SSA may be more willing to reconsider an appeal than consider a new application.
You may not even be able to reapply in the next 60 days if you received your denial notice in this period. The SSA may simply disregard your reapplication. However, you can appeal within this period.
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Reasons to Appeal if Your Social Security Disability Claim Was Denied
Appealing is likely the best option, especially if your claim was denied for a simple, single reason. For example, your SSDI or SSI claim could have been denied because the SSA believes:
- Your medical condition won’t last a year or longer or lead to loss of life.
- You are not disabled.
- You have not been lawfully employed for at least five out of the last ten years (This applies to SSDI).
- You don’t have limited income and assets (This applies to SSI).
- You have (or have not) been able to pay into the Social Security system (this can determine whether you qualify for SSDI or SSI).
- You’re currently receiving benefits on your Social Security record.
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How a Social Security Disability Claims Attorney Can Help With Your Appeal
One of our firm’s SSD lawyers can do a lot to help you appeal. One of the first things your lawyer will do is establish why your claim was denied. To do this, your lawyer will check the denial notice or contact the SSA. Afterward, our lawyers can help establish why you should qualify for SSD. To do this, your lawyer will check your qualifying factors for SSDI or SSI (or even both programs).
Next, your lawyer will prepare a convincing argument for the appeal. This argument will address the reason for the denial and the reasons you should qualify. Then, your lawyer will help you gather additional proof for the appeal, like your most recent pay stubs or additional medical records, as needed.
Your lawyer will do all of that quickly in order to meet the appeals deadline the SSA imposes. Finally, your lawyer can actually file the appeal for you. Your lawyer will ensure it’s filed through the proper channel.
The SSD Appeals Process
Once your appeal has been filed, the appeals process begins. It can be complicated, but your lawyer will manage everything for you. The steps in the process are:
- The SSA reconsiders the initial application and considers the appeal. The SSA can either reverse or reaffirm its initial decision.
- If the SSA reaffirms its decision, the claimant or the claimant’s lawyer can request a hearing with an administrative law judge.
- In the hearing, the judge reviews the application and the appeal. The judge can either approve or deny the appeal.
- If the judge denies the appeal, the claimant or lawyer can request a review from the Appeals Council. They can either approve or demand the appeal.
- If the council denies the appeal, the claimant or lawyer can demand a review from the Federal Court and file a lawsuit.
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Learn Whether You Should Appeal if Your SSD Claim Was Denied
You probably should appeal if your claim was denied, but our firm can confirm this for you. Then, one of our Social Security Disability attorneys in NC or SC can file a formal appeal on your behalf. If necessary, your attorney will escalate to a higher authority.
In a simple consultation, we’ll ask you about your situation and advise you about it. We’ll also answer any other questions you have about SSD. To learn more and consult with us today, contact us at Farmer & Morris Law, PLLC. We have been able to serve over 10,000 clients in North Carolina and South Carolina, including many clients in situations like yours, so you can be confident in our ability to serve you.