lawyer for when my ssdi claim got denied

How do I fight a disability denial?

What happens if SSDI is denied?

What are the odds of winning a SSDI appeal?

Should I appeal my SSDI denial?

Why do disability claims get denied?

Is it normal to be denied disability first time?

How can I increase my chances of getting disability?

Can your SSDI be taken away?

Can an ALJ decision be overturned?

Why is it taking so long for SSDI reconsideration?

Can I get SSI if denied SSDI?

How do I write a disability reconsideration letter?

What happens if you refuse to cooperate with the SSA?

If you refuse to cooperate – or if they can’t even find you – your claim may be denied or at least delayed.

Why do I have to read my SSDI letter?

When you receive the letter denying your request for benefits, read it carefully because it should explain why your claim was rejected. Your next steps usually depend on why your SSDI claim was denied. Here are some of the most common reasons for the denial of a disability claim.

Can I file a lawsuit if my SSDI was denied?

Finally, you can file a lawsuit in federal court if your SSDI claim was denied at every previous level. This step is the most difficult. If you have been trying to handle your appeal by yourself, please call an attorney before attempting this step.

What happens if an ALJ does not approve my Social Security claim?

Social Security also has an Appeals Council, which is the next step in your appeal if an ALJ did not approve your claim. Unfortunately, the Appeals Council often dismisses or denies claims without even holding a hearing.

Where is Martin Taller's office?

Much of their work involves Social Security disability cases. For a free consultation, call us at 714-385-8100. Though our office is located in Anaheim, we assist clients throughout Southern California.

What to do if denied Social Security?

After you are denied, you will have the option to appeal your decision and improve your claim. If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision.

What happens if you are denied disability?

Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision and improve your claim.

What percentage of disability claims are denied?

Getting an Unfavorable Decision. If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision ...

Is disability a stressful time?

Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job.

How long do you have to appeal a Social Security disability claim?

If Social Security denies your claim on their Notice of Decision, generally, you have 60 days to appeal. It is VERY important if you intend to appeal a denial that you comply with the program’s 60-day window for appeals. If you decide to work with a disability lawyer, be sure to reach out to them in advance of that 60-day window to ensure they can ...

What is reconsideration in Social Security?

Reconsideration: A reconsideration is a complete review of your claim by someone who did not take part in the first determination. During this process, Social Security will look at all the evidence submitted used in the original determination, plus any new evidence.

What is the last step in the appeals process?

Federal Court Review: Finally, as the last step in the appeals process, if you disagree with the Appeals Council’s decision, or if the Appeals Council decides not to review your case, you can file a civil suit in a federal district court. This is the last level of the appeals process.

What to do if your Social Security disability is denied?

If your Social Security Disability claim is denied you can either file an appeal or file a new application. You can also give up on your claim and do nothing. But if you are reading this article, I bet you are willing to keep fighting for the disability benefits you deserve. Your decision, therefore, is between reapplying for disability ...

What to do if Social Security denied my claim?

If the Social Security Administration denied your claim less than 12 months ago, you can use your new application to reopen your old claim. This is a good option if you did not submit the appropriate medical evidence or cooperate with the disability examiner during your first application.

How long do you have to appeal a disability claim?

You missed the deadline to file an appeal. You have 60 days to file an appeal at each stage of the disability process. Though the SSA will allow a late appeal if you show good cause for missing the deadline, these “good cause” motions are rarely granted in my experience and you are better off filing a new application.

Can I reapply for Social Security Disability?

No. There is no limit on the number of times you can reapply for Social Security Disability benefits or Supplemental Security Income. I have helped many disabled adults with two, three, and even four denied claims reapply and get approved for Social Security Disability.

How long do you have to wait to reapply for disability?

There is no law or regulation that states you have to wait a specific number of days before reapplying. You can reapply for disability immediately. But whether you should do so is a different story. Before reapplying make sure you understand why you were denied on your last application.

What is new material evidence?

Usually the “new and material” evidence is medical in nature, but it can also relate to vocational and work history issues. Look into the rules for reopening a prior claim any time you file a new application for Social Security Disability. It could put thousands of dollars in your pocket.

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. If your application for disability has been denied and you intend to appeal, you can either file a reconsideration appeal on your own, or find a claims representative to do this for you.

How long does it take to appeal a Social Security denial?

Social Security allows 60 days from the date of denial (plus 5 days grace for mailing time) for an appeal to be at the Social Security office.

What is the second appeal for disability?

This means you will likely have to file a second appeal. The second appeal is decided by a federal administrative law judge (ALJ) at a disability hearing, and before your hearing you should absolutely have legal counsel. (Here's how a lawyer will help you at the hearing .)

What happens if you get denied disability?

If your claim for disability benefits was denied but your medical condition or financial situation has changed, you may now be eligible for benefits. Financial circumstances fluctuate and illnesses may progress. Whether to appeal a decision or refile (or “reopen”) a claim depends on why the claim was denied, the stage in ...

How long does it take to appeal a Social Security denial?

When an applicant receives a notice of denial, the letter will state a deadline for filing an appeal, usually 60 days from the date the notice of denial is received.

Can a disability claim be reopened?

A claim can be reopened by Disability Determination Services, an administrative law judge, or the Disability Appeals Council. A claim that was denied by an administrative law judge can only be reopened by an administrative law judge or the Appeals Council. Denial of a request to reopen a claim cannot be appealed.

What happens when a claim is approved?

When a claim is eventually approved, the applicant is paid all the money they would have received if benefits began on the protected filing date. If a new claim is filed, the process starts all over, changing the protected filing date and moving it forward.

What to do if you are not able to work?

If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

Does income matter when applying for SSDI?

Your income does not matter when applying for SSDI benefits. Some people who apply for SSI benefits can work part time and earn money during the process. However, If you are working and earning more than $940 per month when you apply for Social Security Disability, your claim could get denied. The Social Security Administration will only approve ...

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

What is RFC in medical?

The RFC determines how much work you are capable of performing given the limitations of your condition. Your doctor is the one who fills out the RFC form, thus ensuring that the information provided is based entirely upon your medical history.

Types of Denials

Applicant Failed to Respond

The Reason For The Applicant’S Disability

Disabilities May Be Crime-Related

So, Your SSDI Claim Was Denied. What Now?

• As soon as possible, talk to your disability attorney. You may be able to ask for a review of the SSA’s decision. You may be worried that you cannot afford a disability attorney. However, federal law limits attorney’s fees for Social Security Disability claims. Federal law also requires that your attorney take your case under a contingency agreemen...

See more on disabilitylaw.com