Understanding appeals of a Social Security disability decision
Terry Katz & Associates | August 13, 2015 | Last modified on July 27th, 2018 | Social Security Disability
With a limited budget and countless claims being submitted every day, it may be understandable that a majority of Social Security Disability Insurance, or SSDI, and Social Security Supplemental Security Income, or SSI, are initially denied by the Social Security Administration. The rejections can occur for any number of reasons such as, but not limited to the following: the severity of the injury or disability is not expected to last for at least one year, it is determined that the claimant is still able to perform in the workplace, the disability is the result of a drug or alcohol addiction, the claimant failed to provide adequate medical evidence of his or her injury or disability, the claimant did not follow the required necessary medical treatment or that the claimant began working again. But even if your claim was denied, you are still entitled to file for an appeal.
During the appeal process, it is important to provide additional information, or proof, of your disability and to prove that you qualify for the benefits, under the Social Security Administration’s guidelines.
To be successful, you will likely need more than simply a statement from your doctor saying that you are unable to work for at least a year. Providing a detailed report, including a medical history, laboratory reports, clinical findings, a medical diagnosis, as well as a list of medical treatments prescribed, complete with a prognosis will go a long way in helping you avoid a denial.
You may also want to consider seeking consultation from a law firm familiar with Social security disability. It is equally important to file for reconsideration soon after receiving the rejection letter, as you only have 60 days from the date of the letter receipt to file for reconsideration. Failure to meet the deadline means you may have to file an entirely new claim.
Source: findlaw.com “Disability Reconsideration: Appealing a Denied Claim,” Accessed Aug. 10, 2015