Most Disability applications ― more than 65 percent ― are denied during the initial stage of the Social Security Disability process.
The worst thing you can do right now is give up. Obtaining disability benefits is a multi-step process and it is far from over. It is in your best interest to file an appeal ― and to file it quickly. You only have 60 days from the time you receive your denial letter to appeal, otherwise your denial becomes final and you’ll be forced to start over with a new application. That means you’ll probably end up right back here in the future.
To appeal your denied disability claim, in most states, you must first file a request for reconsideration. Your case will be reviewed again (this time, by a different disability examiner) and you will be notified by mail of the decision. Most likely, you will be denied again, so prepare yourself.
The next step is to ask for a hearing before an Administrative Law Judge. Again, you must file your request within 60 days of receiving your denial letter. Your best chance for success is during this stage ― when you get your day in front of the Administrative Law Judge. You will be able to present evidence and state your case during a face-to-face hearing in front of a Judge and, hopefully, get a favorable decision.
If for some reason you are denied again, it is still not over. You may ask for a review by Social Security’s Appeals Council ― the highest decision-making body within the Social Security Administration. If you are denied yet again, you have the right to file a lawsuit in federal court.
As you can see, the appeals process can be complex and lengthy. We strongly recommend that you hire a disability lawyer to guide you through it and improve your odds of winning your Disability case. In fact, hiring a lawyer is usually the first thing we tell people when they ask, ‘What should I do if I was denied Disability?’
The attorneys at McDonald Law Firm have helped hundreds of people appeal denied disability claims and we would be privileged to help you, as well. Contact us today at 855-702-9061 and we will fight to get you the benefits you’ve earned.