What to Do If You Are Rejected for Social Security Disability

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Most Social Security Disability (SSD) claims, about 70%, are denied the first time around. It is very frustrating after going through the lengthy application process, but it is to be expected. It does not mean that you have no chance at receiving benefits. In fact, you can think of your initial application and denial as the first step of the usual process. If you have been denied on appeal, you still have some recourse and may be able to receive the benefits to which you are entitled. Do not let SSD rejection discourage you. It is a long battle, but if you need your benefits, it is worth sticking with it.

Fighting Your Social Security Disability Claim Denial

There are several possible steps that you may need to take if your SSD claim was denied. Working with an experienced SSD attorney can make this process much easier.

After being denied, you have 60 days from the date of the denial to file your appeal. Your appeal is a request for the Social Security Administration (SSA) to reconsider its decision. Filing your appeal is a necessary and important part of the process. If you do not file your appeal before the deadline, you will have to start over from the beginning.

After Your Appeal

Appeals are typically, but not always, denied because they are considered by the same people who turned you down in the first place. What you appeal really accomplishes is allowing you to move forward to the step where you have a much greater chance of winning.

When your appeal is denied you have earned the right to request a hearing. That hearing will be in front of an Administrative Law Judge. This is your opportunity to truly present your case. At this point, hiring an experienced SSD attorney can greatly increase your chances of winning.

The hearing is the first step in the process when you are as or more likely to win than to be denied. It is something you absolutely must do, but you will have a long wait before you see the judge. You may have to wait one to two years.

During you wait, life continues, your medical condition may continue to deteriorate, as well as your financial circumstances. It is very important that you attend your hearing armed with the most up-to-date evidence in your case.

Beyond the Hearing

Although your chances of winning when you go to the hearing are vastly better than they were when you initially filed your claim and on appeal, you may still be rejected for SSD. At this point you can file and appeal with the Appeals Council or you can start over with a brand new claim. Your SSD attorney can help you decide which option is best in your unique situation.

Why You Cannot Give Up on Your Social Security Disability Claim

The SSD claims process is long, complicated, frustrating, and discouraging. Most people give up along the way. Some people believe that the system is intentionally designed to discourage claimants, dragging out the process for so long that the impairment for which they are seeking benefits becomes so disabling they can no longer participate in the claim process.

However, your financial problems are not going to go away if you give up.
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