The Social Security Administration (SSA) is known for having a very high rate of denial for initial disability claims. There are reports that the SSA denies roughly 60 to 70% of initial claims. While receiving a denial is certainly bad news, and it puts you in a more difficult situation, you do have due process rights. You should consider hiring a lawyer to help prepare your initial claim to reduce the risk of being denied. You should certainly obtain legal counsel if your claim has been denied, and you need to file an appeal.
What You Must Show to Obtain SSD Benefits
Social Security Disability (SSD) benefits may be available to you when you can show two things:
- You have a qualifying disability that keeps you from being able to work.
- You have sufficient work credits built up from your past employment that qualify you for participation in the program.
As the claimant, you are the one who must put forward the information that shows that you meet both of these criteria. If you do not, the SSA will deny your claim.
Reasons Why the SSA Will Deny Your Claim
The SSA acts much in the same way that an insurance company would when you are filing a claim. They often take the stance that they will deny your claim and force you to fight. They certainly will not “connect the dots” on your claim and give you the benefit of the doubt in any way.
Your SSD claim may be denied for the following reasons:
- You did not have the necessary work credits to allow you to participate in the program.
- The medical evidence that you presented with your claim was not sufficient to demonstrate a disability.
- The SSA believes that you are still able to perform some sort of gainful work.
- The medical condition that you have is not contained in SSA’s “Blue Book” or is not equally severe.
- The application that you filed did not meet technical requirements or was missing crucial information.
What You Can Do When Your Claim Has Been Denied
Applying for SSD benefits is a legal process. As such, you are entitled to due process if your application has been denied. The first step is to file a request for “reconsideration” directly with the SSA. You can and should submit additional evidence that addresses the concerns that the agency has raised when denying your application. Most often, this would include medical evidence that proves your disability when SSA is questioning your condition.
Although it does not happen often, SSA does reverse its decisions when they have either made a mistake or you have presented additional evidence.
If your request for reconsideration is unsuccessful, there are additional steps that you can take in the appeals process. Here are the subsequent levels of appeals that you can file:
- If your Request for Reconsideration is denied, you can request a hearing in front of an Administrative Law Judge. This is the phase where claimants have the most success in the appeals process. Roughly 40 to 50% of claims end up being approved by this point. Much depends on the individual judge involved in the case and the use of their discretion.
- The next step is to take your case to SSA’s Appeals Council. They will review the case for legal or procedural errors, but they will not conduct the hearing anew.
- If you are unsuccessful at getting relief from the SSA, you can take your case to federal court. Again, you may not get a review from scratch, but a judge will scrutinize your case for any errors.
Our Experienced Sacramento SSD Lawyers at Walters & Zinn, Attorneys at Law, Provide Assistance for Those Needing Help With the SSD Process
Do you have questions about getting SSD benefits? Our Sacramento SSD lawyers at Walters & Zinn, Attorneys at Law, can help you at every stage of the claims process. Whether it is assisting you in compiling your initial application or appealing a denial, we are in your corner. To schedule a free consultation, complete our online form or call us today at 916-610-4706. With office locations in Folsom and Fairfield, California, we proudly serve clients in the surrounding areas.