More Than 80 Years Of Combined Legal Experience In The State Of Washington

The Attorneys Of Bothwell Hammill & Sutton

What can you do if the government denies your SSDI application?

On Behalf of | Dec 6, 2024 | Social Security

Receiving a denial for a Social Security Disability Insurance (SSDI) application can be disheartening. However, it is important to know that you may still be able to receive the benefits you need. What can you do if your initial application was not approved?

Understand why the Social Security Administration denied your application.

The first step after receiving a denial is to understand why. The Social Security Administration (SSA) should provide a letter explaining the reason for the denial. Common reasons include insufficient medical evidence, ability to keep working or the belief that the disability will not last long enough or is not severe enough. Understanding the reason for denial can help you address the issue in your appeal.

File for reconsideration.

If you believe the SSA made an error when denying your claim, you can file for reconsideration. Someone who was not part of the first decision will review your claim. During this stage, you can submit new evidence and documentation. An attorney can help you determine which details will best support your claim.

However, it is important to act quickly if you want to file for reconsideration. You have only 60 days after receiving your denial notice to file.

Attend a hearing.

If reconsideration still results in a denied application, you can request a hearing before an administrative law judge. The hearing is your opportunity to present your case in person. You can bring witnesses, typically medical or vocational experts. You will also be able to speak about your disability and how it affects your daily activities and work capacity.

Request a review by an SSA Appeals Council.

If the judge also denies your claim, you can request that an Appeals Council review your claim. If they decide to review your case, they will either decide your case themselves or return it to an administrative law judge for further review.

File a lawsuit.

The final step in the appeals process is to file a lawsuit in a federal district court. This is a complex step, and the assistance of an attorney with experience in disability law can be vital for people fighting a denial in court.

A denial of a Social Security disability claim can be frustrating, but it is important to remember that it’s not the final word. Many people successfully navigate the appeals process and eventually receive the benefits they need.