Appealing the Denial of Your SSD Claim
What You Need to Know about the SSD Appeals Process
If you have filed an application for Social Security disability (SSD) benefits and it has been denied, you may be uncertain what your rights are and how to take the necessary steps to appeal the decision. This page provides information about the reasons why SSD claims are denied and the process for appealing a denial. To discuss your claim with an experienced Social Security Disability lawyer , call our offices at one of the numbers listed below.
To learn more about Social Security disability benefits and your rights in an SSD matter, see our other pages:
- An overview of Social Security disability
- The benefits available under an SSD claim
- How you qualify for SSD benefits
- The SSD application process
Reasons Why Your Claim Might Be Denied
When you file a claim for Social Security disability benefits, the Social Security Administration (SSA) will carefully examine the facts and circumstances of your case. Specific reasons for denial of a claim include:
- Evidence that you are still working at your job, even if it is in a limited capacity or causes you significant pain or is necessary to pay your bills
- A determination that your condition is not severe enough to constitute a disability. The injury or illness must affect your ability to perform even the most basic tasks of your job.
- Your injury or illness is not on the approved list of impairments for which benefits are available.
- Evidence that you can still do the work you did before, even though are currently not doing so
- Evidence that you can do other kinds of work.
If your application has been denied, you have the right to appeal. The appeals process is quite clear, however, and must be carefully followed. The steps include:
- First, a request for reconsideration. You can ask that your file be reviewed by someone who has never seen it before.
- Request a hearing with an administrative law judge. If your request for reconsideration results in a denial, you may ask for an administrative proceeding. You may present witnesses.
- If the ALJ rejects your claim, you may then appeal to the Social Security Appeals Council.
- If the Social Security Appeals Council denies your claim, you may file a lawsuit in federal court.
Contact a Dallas Attorney For Help Appealing the Denial of Your SSD Claim
To set up a free initial consultation with our Social Security Attorneys , contact our office or call us at one of the numbers listed below.