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Disability Law Offices of Tony Adderley

What Happens If A Social Security Disability Claim Has Been Rejected?

  • By: Tony Adderley
  • Published: February 3, 2021

If you have applied for Social Security Disability benefits in Los Angeles, CA, and the claim has been rejected, you should immediately contact a lawyer. A Social Security Disability Attorney will be able to advise you on the appeals process and help you reevaluate your case.

Even applying for social security disability benefits can be challenging. Whether you’re filing a claim for social security disability insurance (SSDI) or supplemental security income (SSI), it is always a good idea to retain the services of a lawyer specializing in the area. Suppose you’ve applied for benefits already, and your claim has been denied. This can occur for any number of reasons but can be very confusing and difficult to understand. Even if you began the process independently and were dismissed, it is a good idea to consult with a Social Security Disability Attorney to reevaluate your case. You may have overlooked some critical information or simply failed to submit a crucial document.

A lawyer will be able to review your case and reason for denial and help you reevaluate and rebuild your claim. From this point, you will be able to appeal the decision and resubmit a request for benefits. Being injured or unable to work is already a trying enough situation. Enlisting the help of a lawyer in Los Angeles, CA, will take at least part of the burden off of your shoulders and put you on the track to receiving the benefits to which you are entitled.

It is essential to understand the appeals process you must go through because it will be the same with or without the help of a Social Security Disability Lawyer. That being said, it can only be made easier with the services of an attorney at your disposal. Once your claim has been denied and you receive the letter of denial, you will have 60 days to file for reconsideration. You will need to present a valid excuse for why you did not file on time after this point.

Your claim will be denied for one of two reasons: either a medical or non-medical reason. At this point, a lawyer will advise you on how to proceed based on which basis of denial you received. If you received a medical reason, you could fill out a form online. However, if the cause was non-medical, you will need to go to a physical office to proceed with reconsideration. After these are completed, you will either receive an approval letter or a notice to move onto the next reconsideration stage.

At this stage of reconsideration, you may request a hearing. Again, you will have 60 days from the date of denial for reconsideration to do so. You can request a hearing in one of two ways, and at this point, it is wholly necessary to have an attorney working with you. You can either fill out a form virtually or bring the request into a physical office. If the request for a hearing is accepted, it may take up to a year to occur. This can be due to additional medical exams needing to occur or other factors unique to your situation.

During the hearing, your attorney will work with witnesses and you to help the judge decide your case. Evidence will need to be provided that was previously unknown and not considered in making the decision initially. As you continue along the appeals process, it will only become more intensive and demanding. If your hearing does not yield the desired result, there are only two more possible avenues for your appeal.

If the hearing does not turn out in your favor, your attorney will help you file a Social Security Administration claim. This is relatively rare because many claims do not make it past their hearing. The judge no longer decides at this stage, and it is strictly up to the appeals council on whether or not your claim was unfairly thrown out. After this stage, there is only one more option, and it is incredibly rare to make it to this stage in the social security disability claims process in Los Angeles, CA.

At this point, retaining a Social Security Disability Attorney is mandatory. You will be filing a formal lawsuit in Federal Court and will only be doing so under very scarce circumstances. Since it is rare to reach this stage, it is wise to seek an attorney’s guidance early in the process to have a better idea of what your claim will require and how viable it will be. If you have any questions or need to clarify any confusion, contact a Social Security Disability Attorney right away in Los Angeles, CA. An experienced attorney at the Disability Law Offices of Tony Adderley is the best option for appealing social security disability claims. Contact their offices in Los Angeles, CA, for a free case review.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.