Social Security denies almost 75 percent of people initially.
SSDI or Social Security Disability is very difficult to get and requires the maneuvering of a lot red tape. It is a process that needs to be managed effectively to ensure a favorable outcome and why we suggest hiring an attorney before you apply. An attorney can word things in a manner that makes it more likely you will get approved. A reality of this process is that most claims are denied before they are approved! In fact, about 75% are denied at the initial level and about 85% are denied at the reconsideration level. While the hearing level represents the best chance to win, the award rates at Hearings are still only about 45%.
What should you do if you are denied disability benefits? The answer is simple: Appeal
“The moment you give up is the moment you let someone else win” quoting basketball great Kobe Bryant. The same can be said about an SSDI or SSI disability claims. When you get knocked down you can lose or you can get up and file your appeal and keep the fight going. Denied with no appeal will never equal a victory as it is impossible to win a denial without an appeal.
If you want to speak to a disability expert now regarding your recent denial, contact us. We will get to work immediately and ensure your appeal is filed and do everything to get you the benefits you deserve. We are experts at appealing disability denials, zero cost to our clients unless we get benefits for you and we would like to help you.
Types of Denials
There are primarily two types of disability denials:
1. Non-medical denials (which we also refer to as ‘technical denials’)- Under SSDI, there are many non-medical eligibility requirements, but the primary requirement is sufficient work credits. Generally, if you have not worked 5 of the previous 10 years (and paid FICA), you will not meet the non-medical eligibility requirements of the SSDI program and, therefore, will receive a technical denial.
Under the SSI program, there are strict requirements because it is an entitlement program. If you exceed either the resource or the income limits, you will receive a non-medical or technical denial under SSI. Generally, technical denials are difficult to appeal, unless your circumstances change.
2. Medical denials. These denials can be received at any phase in the process. Once you meet the non-medical eligibility requirements, your claim is then reviewed for medical eligibility.
If the adjudicator (the Examiner or the Administrative Law Judge, ALJ, depending on what level your claim is at) evaluates your claim using the 5 step sequential evaluation and determines you do not meet the medical definition of being disabled, your claim will be denied. This often comes down to the (lack of) credibility or consistency of your claim – or the insufficiency of the medical evidence.
If you receive a disability denial, you generally have 60 days to appeal this decision and SSA gives Claimants a 5 day grace period. If you appeal an Initial Application denial, your claim will advance to the Reconsideration level. If you properly appeal a Reconsideration denial, your claim will advance to the Hearing level. If you properly appeal an Unfavorable decision at the Hearing level, your claim will advance to the Appeals Council.
If you need assistance with a recent disability denial, contact us now. We are experts in disability appeals and have won over 15,000 cases on appeal. We will get started Now and won’t stop until we win.