My Social Security Claim Is Denied, What’s Next?

My Social Security Claim Is Denied, What’s Next?

“Today more people believe in UFO’s
than believe that Social Security will take care of their retirement.”
Scott Cook (Business Leader, Founder of Intuit)

While we may not believe in flying saucers (see above quote), we do believe a person with a legitimate Social Security claim should be able to pursue appropriate compensation after denial. Sadly, some of the people with a well-founded reason for applying for Social Security give up after having their claim denied (or pending approval for an extended period of time).

If you have recently had your SSDI claim denied, let us leverage our experience leading clients to successful Social Security appeals for your benefit. Certainly there is no guarantee, but when we take a client through this process we not only educate about what to expect and how to file, but we help them avoid common mistakes many people make through the appeals process.

After Receiving A Notice Of Denial

So you’ve filed a claim and subsequently received a Notice Of Denial from the Social Security Disability Administration. Start the conversation with a Denney, Morgan, Rather & Gilbert attorney and we can get started on your case right away.

Here’s what to expect in the coming weeks in the appeals process.

RECONSIDERATION

The Reconsideration Review is where the appeals process begins. Here different claims examiner at the Social Security Administration will look through your paperwork and your application again. The main purpose is to simply find any errors or mistakes made by the initial SSA reviewer in denying the claim.  Less than 1 in 5 are approved at this stage of appeals.

ALJ HEARING

After Reconsideration Review comes a hearing with an Administrative Law Judge. Here are a couple of things the judge may ask about:

  • Medical conditions
  • Medications
  • Medication side effects
  • Rehabilitation treatments
  • Work experience
  • Day-to-day activities

At the hearing your attorney will represent you, bring in witnesses, and plead your case before the judge, compelling him or her to reconsider your claim.

APPEALS COUNCIL

What happens if it’s a “no go” with the judge? That’s okay. It’s not over yet. We may petition the Social Security appeals council for a review of your claim. Part of our representation at this stage of appeals will be to draft a legal brief for the counsel’s consideration. In addition we will argue why your claim should be reconsidered and why we believe the judge made a mistake in denying you benefits.

The goal here is to get the appeals council to remand your claim for a second hearing with the ALJ. We may show medical facts and documentation to the counsel on your behalf that the judge may have given appropriate weight. This stage also gives us the opportunity to present any additional evidence to support of your case. Patience is the word for this stage as it could take about a year for the appeals council to decide.

Contact our Kentucky Social Security Disability Lawyers

Denney, Morgan, Rather & Gilbert are poised to help you at every stage of the appeals process. Don’t hesitate to call today. Not only is your initial consultation free of charge, we can take your case on a contingency basis – we don’t get paid until your claim is successful. We can be reached toll-free by phone at 1-866-249-9929 or contact us online anytime.