Was Your SSDI Claim Denied?

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If your claim for Social Security Disability Insurance (SSDI) has been denied, you still have the option to file for reconsideration or an appeal with the Social Security Administration. From the day you received your denial letter, however, you only have 60 days to file your appeal in writing! At Kalfus & Nachman PC, the Social Security disability lawyers have been helping disabled individuals win the SSDI benefits they deserve for decades. We are here to make sure your rights are fully protected.

Why Was My SSDI Claim Denied?

The majority of SSDI claims are denied due to insufficient medical evidence demonstrating the severity of your disability.

There are several reasons this may occur:

• You didn't have documentation from the proper specialists
• Your medical records didn't adequately reflect the severity of your condition
• Your doctor didn't understand the criteria necessary to ensure your claim gets approved
• The Social Security Administration didn't properly interpret your medical evidence

It is rare that the SSA will dispute that you are suffering from a legitimate medical condition. However, they may often dispute whether you meet the legal criteria to qualify as being disabled. Our lawyers will work closely with your health care professionals to make sure that the medical evidence presented on your behalf is as compelling as possible.

The Appeals Process

There are four levels of appeal in an SSDI claim:

• Reconsideration
• Hearing by an administrative law judge
• Review by the Appeals Council
• Federal court review

Reconsideration is your first stage of appeal. Your claim will be reviewed in its entirety by a Social Security Administration agent who did not participate in the initial decision on your claim. You have the opportunity to present new evidence to the SSA at the time of your initial appeal. Often, the reconsideration appeal can be conducted without you being present.

If you are still dissatisfied with the decision during reconsideration, you may request a hearing with an administrative law judge who has not participated in either the initial decision or the reconsideration. This hearing will generally take place within 75 miles of your home. Your appearance at the hearing will significantly increase your approval of Social Security Disability benefits. Our attorneys will accompany you to the hearing to advocate on your behalf and question any witnesses you bring.

If your hearing doesn't go as successfully as you would like, you can then request a review with the Social Security Appeals Council.

The Appeals Council can decide to:

• Deny your review request
• Agree to review your case
• Return your case to an administrative law judge for additional review

If you disagree with the decision of the Appeals Council or if the council chooses not to review your claim, you can file a lawsuit in a federal district court. This would be the final appeal available to you.

Receiving Benefits During Your Appeal

There are certain instances where you can request to continue receiving SSDI benefits while your appeal is being decided:

• You are appealing a decision to discontinue your benefits due to the fact that your condition no longer qualifies as a disability
• You are appealing a decision to reduce your SSI benefits or to withdraw your eligibility for these benefits altogether

You must notify the Social Security Administration within ten days of receiving their letter that you would like your benefits to continue during your appeal. However, if your appeal is denied, you may be required to pay back the money you received during this time. Our Virginia social security lawyers can help you navigate these issues.