ss disability lawyer been turned down what to do

by Prof. Alessandra Larkin Jr. 10 min read

If Social Security has turned down your application for benefits, it is in your best interest to seek help from a local attorney who exclusively practices Social Security disability law. Statistics show that hiring a Social Security disability lawyer for the appeals process increases your chances of winning disability benefits.

5 Best Things To Do if Denied Social Security
  1. #5: File for Reconsideration. ...
  2. #4: Schedule a Hearing with an ALJ. ...
  3. #3: Submit New Medical Evidence. ...
  4. #2: Get Doctors' Testimonials. ...
  5. #1: Speak with an Attorney. ...
  6. Contacting a Social Security Attorney. ...
  7. Additional Resources.

Full Answer

Why would a lawyer refuse to take a disability case?

May 20, 2021 · There are also grid rules embedded in Social Security law that grant disability benefits to almost any claimant over the age of 50 who has been limited to sit-down work (walking or standing less than two hours a day), which make it a better bet for lawyers to take on clients who are over 50.

Can a lawyer help with Social Security disability?

Dec 12, 2016 · What Should I Do? Reconsideration. A request for reconsideration is the first appeal to your initial denial. The Disability Determination... Hearing. If your claim is denied again under reconsideration, you may ask for a hearing. The hearing will be conducted... Appeals Council. If you get an ...

What to do if you are denied Social Security disability?

Sep 11, 2021 · File the Appeal in a Timely Manner. Once you’ve been denied social security disability benefits, you have 60 days within which to file an appeal. But the sooner your attorney files the appeal, the better. Your attorney will ensure that all …

Can a disability attorney cease to represent you?

If Social Security has turned down your application for benefits, it is in your best interest to seek help from an attorney who exclusively practices disability law. Statistics show that hiring a Social Security disability lawyer for the appeals process increases your chances of …

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How do I fight a disability denial?

If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence submitted used in the original determination, plus any new evidence.

How do I win my SSDI reconsideration?

7 Tips for How to Win a Disability Reconsideration Appeal
  1. File a Timely Appeal. ...
  2. Submit the Right Paperwork. ...
  3. Draft an Effective Appeals Letter. ...
  4. Provide Additional Medical Evidence. ...
  5. Be Honest and Transparent. ...
  6. Get a Written Opinion From Your Doctor. ...
  7. Hire a Reliable Attorney.
Sep 20, 2021

What happens when Social Security disability is denied?

If the SSA denies your application, they will send you a letter advising you of the reasons for their decision. You have the right to request a reconsideration and have them review your entire file. Appeal. If your application is denied after you request a reconsideration, you can file an appeal and request a hearing.

How long does it take for a reconsideration for Social Security disability?

between three to five months
On average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

What percentage of SSDI is reconsideration approved?

On average, the chance of approval at the Reconsideration level is only 13 percent. This means that only in 13 percent of the cases that are originally denied, DDS reverses the denial into an approval.Feb 18, 2020

Why is it taking so long for SSDI reconsideration?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied. It doesn't mean that your case is over and that you should give up.Jan 30, 2020

What is the hardest state to get disability?

Oklahoma
Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

Is it normal to be denied disability first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

Why did my disability get denied?

Lack of Medical Evidence – During the disability claims process, the claimant must provide medical records that prove the are too sick, ill or hurt to work. Your long-term disability benefits can be denied if you do not provide the insurer with the medical evidence it needs to properly adjudicate your claim.

Are mandatory reconsiderations ever successful?

There's more in our guide to ESA mandatory reconsiderations and appeals. Your chances of success at mandatory reconsideration stage are very poor. The latest statistics show that only around 14% of mandatory reconsiderations resulted in a better decision for the claimant.

How do you write a reconsideration letter?

Steps for Writing a Reconsideration Letter

Address the recipient in a formal manner. Explain the purpose of your letter, and mention your previous request. Explain the reasons behind the rejection or the unfavorable decision you would like to be reconsidered. Ask for a reconsideration of the company's position.
Feb 21, 2013

What happens when you ask for a mandatory reconsideration?

What happens during Mandatory Reconsideration? Someone from the DWP will look at your claim again to see if the decision was right. This person is called the 'decision maker' they will not have seen your claim before, so they may phone you to ask why you disagree with the decision.Apr 12, 2022

What to do if Social Security turns down my application?

If Social Security has turned down your application for benefits, it is in your best interest to seek help from a local attorney who exclusively practices Social Security disability law. Statistics show that hiring a Social Security disability lawyer for the appeals process increases your chances of winning disability benefits.

Do disability lawyers get paid?

Sometimes people are reluctant to hire a lawyer because they are concerned about the cost, but most Social Security Disability lawyers work on a contingency basis, meaning they only get paid if they win your case.

Does SSDI always work?

The way the system is supposed to work is that if you suffer a long-term disability which prevents you from working, Social Security Disability Insurance (SSDI) is there for you as a financial “safety net.”. Unfortunately, the system does not always work the way that it should. Every year, millions of Americans apply for SSDI and nearly two out ...

What to do if your claim is denied again?

If your claim is denied again under reconsideration, you may ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the original decision or the reconsideration of your case. This is the first and often best opportunity to present your case in person to the individual deciding your claim. Therefore, it is important to meet with your attorney in person on a date prior to the hearing in order to fully prepare.

Does Social Security Disability Insurance always work?

The way the system is supposed to work is that if you suffer a long-term disability which prevents you from working, Social Security Disability Insurance (SSDI) is there for you as a financial “safety net.”. Unfortunately , the system does not always work ...

Talk to a Disability Attorney Right Away

If you didn’t have an attorney during your first application, now’s the time to call one. The fact is having an SSDI attorney by your side greatly boosts your chances of winning your appeal.

File the Appeal in a Timely Manner

Once you’ve been denied social security disability benefits, you have 60 days within which to file an appeal. But the sooner your attorney files the appeal, the better.

Lack of Medical Evidence

You need solid medical evidence that documents your disability and how that disability prevents you from working. If your application was denied, it could very well be because it lacked this information.

Too High Earnings

Disability earnings are meant for people who aren’t able to work. If you’re still working and earning considerable income, it could make you ineligible for the benefits.

Not Following Treatment Advice

If there are gaps in your medical care or evidence you didn’t follow your doctor’s advice on treatment for your disability, your application will be denied. That’s because it’s not possible to determine whether you’re really disabled or simply not receiving the medical treatment you require.

Submit Any New Medical Evidence

Your medical condition may change when appealing a decision or preparing to appear in front of a judge. Be sure to inform the SSA of these changes. Sure, doing so requires more time and extra paperwork, but it could prove very beneficial in your case.

Be Completely Honest

Be totally forthright at all levels of your appeal when providing information regarding your impairment and how the impairment limits you.

What to do if your Social Security application is denied?

If you are denied on your Social Security Disability or SSI benefit claim, you should request an appeal immediately, within the 60-day deadline.

How long does it take to appeal a disability claim?

If you are denied on your Social Security Disability or SSI benefit claim, you should request an appeal immediately, within the 60-day deadline. In some cases, you should do this yourself personally even if you have legalrepresentation, simply to have the appeal request "officially" on record as soon as possible.

What to do if your disability is denied?

If your case is borderline, you should win your appeal and your disability benefits should continue. If your claim is denied, your next step in the appeal process is to request a hearing before an administrative law judge (see Step 2, just below). 2. Administrative Law Judge (ALJ) Hearing. If your request for reconsideration (of an initial claim ...

Why does the SSA end my disability?

The SSA may end your benefits for a variety of reasons, including: a determination that your condition has improved and you can now work, or. your failure to cooperate in the CDR process.

How to appeal a denial of Social Security?

To appeal a denial of Social Security disability (SSDI) or Supplemental Security Income (SSI) benefits, you'll need to follow the instructions included in your notice of denial from the Social Security Administration (SSA). The first step is to file a request for reconsideration. If that fails, you may want to take your case to the next level ...

What is reconsideration in disability?

A reconsideration is a complete review of your claim. It takes place at the Disability Determination Services (DDS) level, but is performed by a medical consultant and examiner who were not a part of the initial decision.

Why did the SSA end my benefits?

The SSA may end your benefits for a variety of reasons, including: a determination that your condition has improved and you can now work, or. your failure to cooperate in the CDR process. If your benefits were terminated and you want to appeal the termination, you must request a reconsideration of a CDR at a hearing before a disability hearing ...

What happens if your disability is borderline?

If your case is borderline, you should win your appeal and your disability benefits should continue.

What happens if you lose your disability hearing?

If you lose at your disability hearing, you can request that the Appeals Council review your case. The Appeals Council randomly selects cases for review and has discretion to grant, deny, or dismiss your request for review. The Appeals Council can dismiss your case without review unless it finds one of the following:

What to do if your disability is denied?

Tips on filing your disability appeal. Without a doubt, if your disability claim is denied, you should appeal your disability denial. So many disability claimants give up and do not file an appeal only to find themselves starting the disability process all over again at a future date.

How long does it take to appeal a disability claim?

All disability claimants have sixty days, plus five days for mailing, to get their appeal submitted to Social Security. You can file your appeal online, or file a paper appeal.

How long does it take to file an appeal for Social Security?

All disability claimants have sixty days, plus five days for mailing, to get their appeal submitted to Social Security. You can file your appeal online, or file a paper appeal. It really does not matter what method you use, the important thing is to file the appeal and file it timely. However, if you have a disability representative, ...

What happens if you don't file an appeal?

If you do not file your appeal timely, you may have to file a new disability claim if you cannot present an acceptable good cause reason for missing the appeal deadline. Do not be discouraged if your first appeal (reconsideration) is denied, because about eighty-five percent of those who file a reconsideration appeal are denied. ...

Why do disability attorneys decline to take cases?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty.

Do disability lawyers get paid?

Disability lawyers and law firms only get paid if they win your case, so they may reject cases that are unlikely to end in an award for benefits. Because disability lawyers get paid only if they win, they sometimes decline to represent a person if they believe there is little chance of success of winning or if they determine ...

What happens if a claimant has not had medical treatment?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

What happens if a claimant has not had access to health insurance?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

What happens if you don't have medical evidence?

Lack of Medical Evidence. If there are legitimate reasons that a claimant has not had consistent medical treatment, an attorney or law firm could still decide to take the case. This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records ...

Can a law firm represent a client if they are dishonest?

If an attorney or law firm feels the claimant has at any time been dishonest either with the attorney, a staff member, or a medical provider, it is highly unlikely that the firm will represent the client. This is especially true if any medical records suggest the claimant is exaggerating symptoms.

What to do if you abuse alcohol?

If you abuse alcohol or illegal substances, you need to tell the prospective attorney or firm. This is especially important if you are not receiving treatment. Many attorneys and firms will take a claim despite substance abuse problems if the claimant is getting help.

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