Applying for Social Security disability benefits can be a complicated, frustrating process. Even if you complete the paperwork correctly, your claim may be denied. In fact, as many as 85% of initial claims are turned down by the Social Security Administration (SSA). This can be devastating when you’re counting on these benefits for a monthly income to maintain your quality of life while living with a disability.
However, an initial denial is not the end of the road. You have the option to request an appeal, which is a process known as reconsideration. Unfortunately, about 80% of these reconsideration appeals are also denied. So, what can you do? The most important thing you can do is appeal the reconsideration denial and request an actual hearing before a Social Security Administrative Law Judge – your day in court!
At any of these steps you really should get some help! Most Social Security Disability appeals (at any stage) are worth pursuing – with an experienced attorney by your side. Your chances of successfully overturning the initial or reconsideration denial improve significantly with the help of a qualified Social Security disability attorney who knows how to navigate the complex and confusing appeals process.
The Legal Process in a Social Security Disability Claim
Make no mistake, applying for and attempting to receive Social Security Disability Benefits is a long, drawn out legal process. There are steps that must be taken, timelines that must be met, and a normal course to dealing with the SSA. Here are the basic stages of the process:
Step 1: Initial Application
- This is your first step in applying for benefits. You can apply online or make an appointment on the phone or in-person.
- Although you are applying for a Federal program, once your application is filed and submitted, your case is transferred to a local SSA field office for processing.
- This is also the stage where up to 85% of applications are denied. If this happens, don’t give up! You’ll be passing up a chance to receive benefits that you need and deserve – benefits you have paid for through your tax contributions.
Step 2: Reconsideration
- If your initial application is denied, you have 60 days to file an appeal asking the SSA to reconsider your application.
- A small percentage of cases at this level are approved within 3 to 6 months, but the supermajority of these cases are also denied. This is still not the end of the road!
- Remember, don’t give up yet, this is just the beginning and your best chance of success will happen by taking the next step.
Step 3: The Hearing Level
- You definitely should appeal the reconsideration denial by filing a Request For Hearing in front of an Administrative Law Judge (ALJ) – and we encourage you to take it. Remember, you have 60 days to appeal the Reconsideration Denial by filing a Request For Hearing with an ALJ.
- Getting your day in court can take from 12 to 24 months depending on where you live. The good news is, you’ll eventually “get your day in court,” and about 54% of claims are approved at this level.
- Studies show you’re three times as likely to win benefits with the help of a lawyer!
- And even if you lose at your hearing, you have the right to take your case to the Appeals Council.
Step 4: The Appeals Council Level
- If you’re denied or receive only partial benefits, you can appeal.
- Again, you only have 60 days to file an appeal.
- Unfortunately, the odds of winning benefits (reversing the decision and awarding you benefits) are very low at this level.
Step 5: Federal Appeal
- If you’re denied at the Appeals Council level, you have 60 days to appeal to the Federal Court.
- They will review the decisions made by the ALJ and Appeals Council, as well as your overall case.
Improve Your Chances of Winning an Appeal
As you can see, the appeals process is complex and lengthy. You can significantly improve your chances of winning your appeal with the help of an experienced attorney, who can guide you through the entire process. The help of an attorney becomes more and more valuable as the process moves on. He or she will file your initial paperwork, which is important because even the omission of seemingly minor information can lead to a denial. An attorney will also represent you in court, help you answer questions accurately, and make the best case possible for you.
Expect the Unexpected
After reading through this process, you may be overwhelmed, and let’s face it, no one gets excited about dealing with lawyers. You may even expect it to be a “bad experience.” That’s why The Disability Guys have made it our mission to change those expectations and provide a great legal experience.
The Disability Guys believe that you should be focusing on healing and returning to the life you deserve instead of worrying about legal fees, paperwork, and navigating a maze of bureaucracy. With our team, you can expect:
- Honest, understandable, and timely answers to your questions.
- More than just legal work – we go above and beyond to help you gain peace of mind and put your life back together.
- Solutions – our staff is empowered to help you find the right sources for all your needs.
- A worry-free experience, with open communication, a clear understanding of fees, and complete accessibility.
Facing denials can be disheartening, but it’s not the end of the line. If you need assistance with your benefits, don’t hesitate to reach out to our experienced New York Social Security disability lawyers at 877-799-3918 or fill out our online contact form for more information on how we can help you receive the benefits you deserve.