Receiving a denial letter for your Social Security Disability benefits can be disheartening, but it is not the end of the road. You have the right to question that claim decision; many applicants who initially face rejection ultimately receive approval through the appeals process. The process can be confusing at first, so understanding the guidelines is vital.

What Are the Common Reasons for Social Security Disability Denial?

The Social Security Administration (SSA) denies disability applications for various reasons:

• It might determine that your medical condition is not severe enough or that you can perform your previous work.
• You might receive a technical denial when you do not meet non-medical requirements, like having insufficient work credits or earning income above the substantial gainful activity limit.
• Documentation problems represent another frequent cause—missing medical records, incomplete forms, or lack of treatment notes can all result in an unfavorable decision from the Social Security Administration.

How Long Do I Have to Appeal a Denial?

You have 60 days from the date you receive your denial notice to file an appeal. The SSA assumes you received the notice five days after the date on the letter unless you can prove otherwise.

Missing this deadline can force you to start the entire application process again, so prompt action is important. If you need additional time, you can request an extension, but you must have a good reason for the delay.

What Are the Levels of Appeal Available?

The Social Security appeals process consists of four progressive levels.

• First is Reconsideration, where your complete file is reviewed by a different examiner who was not involved in the initial decision.
• If that fails, you can request an Administrative Law Judge (ALJ) Hearing, which is often the most successful level of appeal.
• Should the ALJ deny your claim, you can ask the Appeals Council to review your case.
• As a final option, you can file a lawsuit in federal district court.

Each level has specific requirements and deadlines that must be carefully followed.

What New Evidence Should I Submit With My Appeal?

Successful appeals are built on strong evidence. For instance, recent medical reports from your treating physicians provide current information about your condition. Updated test results and diagnostic imaging offer objective proof of your limitations.

A functional capacity evaluation can demonstrate exactly how your condition affects your ability to work. Finally, statements from medical professionals about your limitations add professional credibility to your claim. The evidence should clearly demonstrate why you cannot work and how your condition meets the SSA definition of disability.

Should I Hire a Lawyer for My Appeal?

While you are not required to have legal representation, statistics show that applicants with attorney representation have higher success rates, particularly at the hearing level. Social Security lawyers understand the legal requirements for proving disability and can identify weaknesses in your case. They also know how to gather appropriate medical evidence and prepare you for questions at your hearing. Your attorney can cross-examine vocational and medical experts and present your case effectively to the judge, too.

What Should I Do While Waiting for My Appeal?

The appeals process can be lengthy, taking many months to complete. During this time, you should continue all medical treatment and follow your doctor’s recommendations without exception. Keep detailed records of all medical visits and treatments to document the ongoing nature of your condition. Make notes about how your condition affects your daily activities, as this information can be valuable during your hearing.

Report any changes in your condition to the SSA promptly, whether improvements or deteriorations. Maintain copies of all correspondence with the SSA for your records, and respond promptly to any requests for information they send.

Our Fayetteville Social Security Lawyers at Osborne & Wilmoth Law Firm Help Clients Get What Is Rightfully Theirs

Do not let a denial discourage you from pursuing the benefits you deserve. Our skilled Fayetteville Social Security lawyers at Osborne & Wilmoth Law Firm understand the Social Security Disability process and can guide you through each step of your appeal. For a free consultation, call 479-521-7727 or submit our online form. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.