There are several reasons why so many Social Security disability applications are denied. When it comes to medical eligibility the main reason is that the SSA has strict eligibility requirements, and many applicants do not meet these requirements. For example, to be eligible for SSDI, you must have a disability that is expected to last at least 12 months or result in death, and you must have worked and paid Social Security taxes for a certain number of years. Social Security also uses stringent medical analysis to deny claims.
The process is also a long one, as Social Security remains understaffed and underfunded. A decision on an initial application for disability benefits can take up to six months, sometimes longer before a decision is made and most of that time the claim is denied, and an appeal is needed. If an initial claim is denied it is not the end of the claim, but an appeal will need to be filed. Below is an explanation of the different appeals that can be filed based on the level of the denied claim.
The Four Levels of Social Security Disability Appeals
If your Social Security disability claim is denied, you have the right to appeal the decision. There are four levels of appeal:
- Reconsideration: At this stage, your case will be reviewed by a different SSA examiner than the one who reviewed your initial application.
- Administrative Law Judge (ALJ) Hearing: If your claim is denied after reconsideration, you can request a hearing before an ALJ. The hearing is usually held within 75 miles of your home and is an opportunity for you to present evidence and argue your case.
- Appeals Council Review: If your claim is denied after the ALJ hearing, you can request that the SSA Appeals Council review your case. The Appeals Council can either overturn the ALJ’s decision, send your case back for another hearing, or uphold the decision.
- Federal Court: If your claim is denied at the Appeals Council level, you can file a lawsuit in federal court.
If you are interested in a free consultation about applying for Social Security disability benefits, please contact Greeman Toomey PLLC at 877-332-3252
