You have filed for disability benefits but your claim has been denied. So what now? We walk you through the five key steps to take immediately after your claim is denied to give your appeal the best possible chance of success.
The process of filing for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) is a time-consuming and often overwhelming one, but it is not uncommon for a person’s initial disability benefit claim to be denied. At this crucial point in the process, we break down the steps to take to file an appeal.
1. Call an attorney
After your SSI/SSDI claim has been denied it is time to seek legal representation. If you have been working with a lawyer from the start, it is advisable to get on the phone with your attorney to discuss the next step. If you have been working on your SSI/SSDI claim alone, we can help guide you through the appeal process.
You do not have to do this alone.
The appeal process will require you to file roughly the same amount of lengthy paperwork as the initial application. It can be overwhelming to complete by yourself and, crucially, you may not know what you need to adjust or add to your application to give yourself the best chance of success.
There are many advantages to hiring a Social Security Disability Lawyer. At SampsonDunlap LLP, we handle the paperwork for all appeals, saving you the hassle of filling out mountains of forms. We have specialized in Social Security disability claims for 30 years and we know how desperate the process can make you feel. We are here to listen and understand your story and make you feel safe, respected and supported throughout this process. We offer friendly and compassionate representation, making sure you understand every step of the process.
We are here to support you. That is why you do not pay for our services until we win.
2. Know your timeframe
If your SSI/SSDI claim has been denied it is important to know how long you have to file your appeal.
Once you have heard back from your adjudicator at Disability Determination Services (DDS), you have 60 days from the date of your written denial to file an appeal. This will involve similar paperwork (both in terms of the questions asked and the length of the application) to your initial claim. Your attorney can advise you on how best to support this application to improve your claim’s chances.
3. Familiarize yourself with the claims process
It can be helpful to know the stages of the appeal process so you understand the next step, whether your appeal is approved or denied.
Here is a handy overview of the SSI/SSDI claim appeal process:
- Stage 1: You file your initial application with Social Security. Your application is sent to DDS, where an adjudicator makes a determination. DDS get in contact to approve or deny your claim.
- Stage 2: Reconsideration. If denied, you have 60 days from the date of your written denial to file an appeal. A different adjudicator at DDS makes a determination. DDS get in contact to approve or deny your claim.
- Stage 3: Hearing. If denied, you have 60 days to file a request for a hearing in front of a judge at the Office of Hearing Operations. You are contacted with the decision after the hearing.
- Stage 4: Appeals Council. If denied, you have 60 days to file an appeal to the Appeals Council. If successful, you are able to repeat Stage 3 and appeal before a judge.
- Stage 5: If you are denied at Stage 4, or if you are successful at Stage 4 but are denied after repeating Stage 3, your attorney can advise you on the next legal step to pursue.
We are here to support you. That is why you do not pay for our services until we win.
4. Prepare for your appeal
Heading into the ‘Reconsideration’ stage, you and your attorney will need to discuss your application to ensure it is as well-supported as possible. Here at SampsonDunlap LLP, we take a proactive approach to your appeal, making sure we work together to do everything possible to make your claim stand out among a sea of applications.
5. Do not panic
It can be useful to understand the different stages of the process, but what is most important is to focus on the appeal immediately in front of you and rest assured in the knowledge that your attorney will handle the daunting pile of paperwork.
SamsonDunlap LLP know you need more than a lawyer. Not only do we have the experience and expertise to handle your appeal and devise a game plan to maximise your chances of success, we are also a compassionate legal partner who will listen to your story and fight alongside you.
If you or someone you know is unable to work due to illness, injury, or disability, talk to us.
We are here to support you. That is why you do not pay for our services until we win.