By Chris Sharry on August 7th, 2024 in Disability, Disability Hearings, Social Security Disability
When filing for Social Security Disability, unfortunately a considerable number of applicants are denied benefits, at least initially. According to the Social Security Administration (SSA), on average, 67% of disability claims are denied. If your social security disability application is denied by Social Security, you must file an appeal if you decide to continue with the process to obtain benefits. This appeal period is called “reconsideration” as the Social Security Administration (SSA) is reviewing the case to ensure the decision was correct. In this post, we will discuss tips so you may be successful in your appeal for Social Security Disability benefits. This is not an exhaustive list, but the more important strategies to aid you during the application process.
1. File Your Appeal Within Sixty (60) Days
To request reconsideration, you must file within 60 days of the SSA’s initial decision. You can submit the forms online, by mail, or in person at an SSA office. If you miss the 60-day deadline, you will need to start the application process again. Filing for Social Security Disability can be a lengthy process, so ensuring that your appeal is filed timely is critical. We recommend filing your appeal online so you can print a confirmation that your appeal was filed timely.
2. File The Correct Paperwork
Not only will filing the proper forms ensure that your appeal is filed in a timely manner, but it may also reduce the time it takes to process your appeal. To file reconsideration, you will need to file Form SSA-561, Request for Reconsideration. You will also need to submit Form SSA-3441, Disability Report – Appeal, and Form SSA-827, Authorization to Disclose Information to the Social Security Administration.
3. Determine Why Your Application Was Denied
Most claims are denied because SSA makes the determination that your medical condition does not prevent you from working full-time. There are, however, other reasons that may have contributed to their decision.
· Insufficient medical evidence – If you do not have treatment for your medical conditions during the period of disability, it may be difficult to support your claim. SSA may refer you to a consultative examination to develop the record.
· Work Activity – If you are working and making more than a certain threshold, your claim may be denied. This threshold is known as “substantial gainful activity” (SGA). Even if your work is below SGA, Social Security, and the Administrative Law Judge (ALJ) will scrutinize your work to determine what you are still able to do.
· Failing To Cooperate – If the SSA sends a letter requesting that the claimant attend a consultative examination and they do not show up without an explanation, this could be seen as a lack of cooperation and may result in a denial. If you fail to complete forms such as a work activity report or function report, SSA may not have an accurate overview of your medical conditions.
4. Ensure All Evidence Is Updated
Unlike other legal cases, Social Security Disability claims are usually fluid, meaning a claimant’s medical condition will change during the application process. As a result, it is critical that new medical conditions, medication changes and/or medical tests are part of the record. This could be the difference between a favorable decision at the reconsideration stage or having to litigate your case at a hearing months later.
5. Consider Having Your Treatment Provider Submit a Statement
A medical source statement is a statement from your doctor or provider that describes your medical condition and how it affects your ability to work. The medical source statement can be an important part of your SSDI claim because it provides the SSA with a medical opinion from a treating source regarding your disability.
6. Discuss Appeal with an Attorney
While the law does not require you to have a lawyer to file for Social Security Disability Insurance (SSDI) benefits, it is usually in your best interest. Your chances of winning disability with a lawyer are also three times higher than if you apply on your own. There are, however, certain claims where you may not need an attorney. For example, if you’re applying with a terminal illness or a condition that’s on the compassionate allowance list, it’s easier to qualify on your own.
If you have questions about your Social Security Disability Reconsideration Appeal, please call Attorney Chris Sharry for a free case evaluation.
