Denial, what’s next?

If you pursue your disability claim through the appeals process, your chances of being approved will increase substantially.

About seventy percent of claimants have their claim for disability denied when they initially file for SSI or SSDI disability benefits. Because your SSI disability benefit or SSDI disability benefit has been denied on your first application does not mean that you will not eventually win your SSI or SSDI disability benefits. If you pursue your disability claim through the appeals process, your chances of being approved will increase substantially. Many people are denied twice, but once your case goes to the hearing level and is heard by an administrative law judge, your chances of being approved will increase significantly.

More than half of all claims that are heard by judges at hearings are approved. This includes all claims that are evaluated at this level, including children’s cases that typically, have a lower rate of approval than many other types of claims. For claimants who are over fifty, the chances of being approved for SSDI or SSI following a hearing are even greater. SSDI or SSI claimants should remain hopeful, even if a denial occurs after the filing of a reconsideration since most reconsiderations are denied also.

However, there are things you can do to improve your chances of winning. Consider hiring a qualified and experienced Social Security lawyer to guide you through the claim. In any case, be sure to file the necessary paperwork within the sixty-day deadline. If you were denied, file for an appeal the same day you received the notice of denial. If you decide to hire an attorney, he or she will file all of the necessary paperwork for you and help to alleviate some of the stress so you can spend your time getting better.

An attorney can assist you in filling out confusing appeal paperwork. This is important because there are common mistakes made in this process and you can defer to your attorney for guidance. For instance, on the application for disability, the claimant must indicate all known sources of medical treatment, including the addresses of providers (hospitals, clinics, and doctor’s offices), the names of physicians providing treatment, and the dates of treatment. This type of information is very important but is commonly not filled out in the detail needed for your appeal. It is very important to complete information accurately on this application.

The quality and detail of your medical records are very important to your case. You can mediate the quality of your medical records by regularly visiting your doctor and communicating the limitations caused by your illness/disability. For example, a patient with a severe back condition should probably point out to their physician their inability to sit or stand for prolonged periods, or their inability to perform certain tasks. When the doctor writes such complaints into his or her treatment notes, this information from the patient will then become “medical record documentation“.

Unfortunately, it is often the case that a Social Security Disability or SSDI claim is denied. But, with the help of a qualified attorney, your chances of winning are better. There is hope for your case–don’t give up!

Contact Us

To contact California Social Security Disability lawyer Don H. Jorgensen, call our San Diego. Los Angeles or Riverside, California law office at 1-888-855-2948, or contact us by e-mail.