Rejection is always a possibility when filing a disability claim. With thousands of claims being filed weekly, a denial can be a clerical oversight or a simple misunderstanding. Other claims are denied for cause. Whichever the case with your denial, acting immediately is recommended. Contact our office and make an appointment if you’re in need of help today.
If your claim has been denied, there is hope as long as you follow these procedures.
First: File a Reconsideration Request
Reconsideration requests can be filed after an initial denial. This is a request to reconsider your claim and is processed by your local Disability Determination agency. Your previous examiner will not be allowed to reconsider your request and a new examiner will need to be brought in to handle this request.
Rejections are common at this stage of a disability claim where the majority, (close to 80 percent) of reconsiderations are rejected. However, you must file a reconsideration request before taking further action.
After That: Request a Hearing
The next step to take if a reconsideration request has been denied is to request a hearing with an administrative law judge. This is a judge that will independently determine if your claim is valid. During this stage, you will want to seek legal representation from a qualified disability lawyer to help guide you through the hearing.
The SSD lawyers at Martin & Lerda have the knowledge and previous experience handling disability hearings and can help you too. Just give them a call at 412-271-6800 and set up a consultation.
What to Expect
It should be noted that this is not your normal court hearing wherein there is a jury or audience reviewing events. For this proceeding there will only be:
- The claimant and their lawyer
- The judge
- A vocational expert
A secretary may be present at this time to record the process but there will not be a lawyer or attorney for Social Security present at this time.
This stage sees over 50 percent of hearings end in favor of the claimant.
Further Appeals: Past the Hearing Stage
If your initial hearing was not decided in your favor, it is possible to further appeal the decision. The first appeal will be done at the Appeals Council and is a strict review of what the administrative judge had presented to them with no arguments made for either side. If the Appeals Council rejects the claim once again you will need to seek legal counsel to continue pursuing your claim.
Further appeals can be made to the district court and can proceed all the way up through the Supreme Court with legal counsel helping to guide your way.
We Can Help
There is no need for you to navigate this process by yourself and the help of a seasoned attorney familiar with the SSD claims process can be the difference between a rejection and an approval. If you’d like the advisement of one of our experienced Social Security disability attorneys, call us today at 412-271-6800 and let us become and advocate fighting for your rights!