Appealing Disability Denials Throughout the United States
If you have a disability, you are likely familiar with the challenges of the Social Security Disability system. The application process is time-consuming and complex, which is why it might feel unbelievably frustrating when you receive a denial notice. We have received innumerable accounts from our clients telling us how their legitimate claims have been outright denied, or how they waited for many years before they even received their first benefit.
If your application to SSD has been denied, you still have the possibility to appeal. To avoid receiving unfair treatment as you appeal, it is crucial to have one of our Arkansas SSD appeals attorneys at your side. Not only can the American Disability Action Group protect your rights to Social Security Disability benefits, but we can even help you attain relief from debt through the benefits of bankruptcy.
What to Do if Your Application for SSD Has Been Denied
Because the SSD application process is so complex, denials are actually highly common—over 67% of applications are denied the first time around.
Fortunately, there are several steps you can take to achieve a successful appeals process, including:
- Having your attorney apply for a reconsideration request, making sure to appeal to medical examiners and consultants who did not vouch for a denial
- Within a period of 60 days, requesting an opportunity to stand before a judge of administrative law, who will take the time to thoroughly review your case and consider all evidence
- Seeking the opportunity to be reviewed by the Social Security Administration’s Appeals Council, which will scrutinize any areas where the judge could have made a mistake
Frequently Asked Questions for Disability Appeals Attorney
The most common reasons for a Social Security disability claim being denied include:
- Insufficient work history for Social Security Disability Insurance (SSDI) eligibility.
- Lack of medical evidence to prove a medical condition severe enough to prevent you from working.
- Impairment or impairments not expected to last for at least one year or result in death.
- You can do work you did in the past or adjust to doing other types of available work.
- You failed to take medications or follow the treatment plan prescribed by your doctor.
- You missed deadlines or failed to cooperate with the Social Security Administration by not attending consultative exams or failing to provide requested documents or information.
Your disability attorney from American Disability Action Group can explain to you the specific reasons for your claim being denied and suggest what can be done about it.
The disability appeals process has the following four levels or steps:
- Reconsideration
- Hearing with an administrative law judge
- Appeals Council review
- Federal court review.
You do not need to go through all four levels and can stop once you receive a favorable outcome.
The client-focused disability professionals at American Disability Action Group are committed to being there to assist you at each step of the appeals process. Gathering evidence and presenting it in a way that does the most to improve your chances of winning an appeal is only part of what we do to strengthen your claim.
A disability attorney from American Disability Action Group represents you at the hearing with an administrative law judge and the Appeals Council. We also prepare you before the ALJ hearing to ensure that you know what to expect in the way of questioning by the ALJ, so you are ready to provide testimony to support your claim.
The chances of winning on appeal depend on several factors, including the severity of your disabling medical condition and the strength of the evidence supporting your claim. The Social Security Administration’s application review process denies more than 66% of the claims it receives each year.
Social Security reports the following results at each level of the appeal process:
- Reconsideration: About 15% of appeals result in an award of benefits.
- Hearing with an ALJ: About 50% of the appeals heard at the hearing level result in an award of benefits.
- Appeals Council: Only 1% of the appeals result in claimants being awarded benefits, but 13% of the claims are returned to the hearing level for further consideration.
- Federal Court review: Federal judges refer almost 61% of the appeals to the hearing level for further consideration by an ALJ.
Don’t Wait—Take Action Today
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At the ADA Group, we strive to be as accessible as possible. That’s why we offer same-day services, appointments after hours and on the weekends, free consultations, and much more. At a time when it feels like no one is on your side, our lawyers are ready to fight for your future.
2615 N Prickett Rd Ste. 2, Bryant, AR 72022