Living with a disability can be a very stressful time. Therefore, applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income(SSI) can help alleviate some of the stress as these benefits can help assist you with living. The thought of all the living and medical expenses without the disability benefits can be daunting.
Most of these applications get rejected or denied in the initial stages of filing for Social Security Disability benefits. A Phoenix social security disability attorney can help reverse the decision if at all the application gets denied.
When you get a response stating that your application for SSD has been denied, you have a 60-day window to appeal the decision. Get in contact with a disability benefits attorney to determine why your application was rejected and how you can re-apply for the benefits. This is a time-sensitive case, and acting promptly is essential.
There are primarily four steps to repeal for Social Security Disability benefits:
After receiving the denial of the benefits, you can re-apply. On re-applying, your initial reason for rejection will be reviewed by a person not involved in your first benefit application process. Here your chances are slim for successful application.
Hearing by ALJ:
Finding an experienced disability benefits attorney can increase your chances of getting access to the disability benefits. The attorney will prepare you for the hearing in front of an Administrative Law Judge. Providing additional evidence for the medical disability and a witness like a physician can help make a better case. Your appeal must not be incomplete or inconsistent in any way. An RFC form can be filled with the help of your doctor to help explain the gravity of your illness.
The ALJ, based on all documentation, will verify your eligibility, and a hearing scheduled by the judge will take place either virtually or in person. After making your case, the judge will release the verdict within 90 days.
If the ALJ denies your appeal, within the next 60 days, you can take the case to the Social Security Appeals Council. However, at this stage, your chances of getting a clearance from the council are hanging by a thread as approval rates are very slim, not to mention it is a time-consuming process.
If the Appeals Council also rejects your claim, apply to the Federal Court with a licensed attorney. You can challenge the decision of the Appeals Council. If the judge votes against you, your last string of hope is the Federal Circuit Court which, realistically speaking, is the hardest thing.
Therefore, at this stage, discuss with your attorney your realistic and likelihood of success of winning.