What To Do If Your Social Security Disability Claim Has Been Denied

Don't give up if your initial Social Security Disability claim is denied. What you have to do within 60 days of a claim denial. I know you made the difficult decision to apply for your Social Security Disability benefits and you slogged your way through the disability claims process. It's a pain, isn't it? Yet, you thought your claim was good. After all, your doctor or your employer told you that you should apply for benefits. So, you thought you'd get your benefits on the first try. When you opened up the mailbox, there was an official letter from the Social Security Administration and you were probably excited. But that excitement probably also turned into disappointment or even anger when you read that your claim was denied. Unfortunately, over 66% of initial applications are denied. But that doesn't mean you should give up. One of my heroes is Winston Churchill. And one of his famous sayings was, never, ever, ever give up. I paraphrased it. But the point is, I never give up and neither should you. So, if your claim has been denied, what should you do? You have the legal right to appeal the wrongful denial of your initial claim for Social Security Disability benefits. Now, don't take that denial to heart. Many times, the denial has absolutely nothing to do whether you're entitled to your Social Security benefits. Hmm, that's odd. Well, many times a claim is denied because you made a mistake or mistakes on your application, like not putting down all the medical conditions you have, not listing all of your medical providers, or not filling out the work history form right. Or Social Security may not have had all the medical evidence it needed to make a favorable decision. The good news is that you can appeal that decision by filing within 60 days of the date of denial what's called a request for reconsideration. So, what is a request for reconsideration and when does it have to be filed? A request for reconsideration is a written appeal of that initial denial. It has to be filed within 60 days of the date of denial plus five days for transmission or mailing. Now, don't fool around with that deadline. If you miss the deadline, you've got to start all over again. And unless you can convince the Social Security Administration there was good cause for the delay. Now, when you file your request for reconsideration, you're going to be asked for updated medical information about the treatment that you're getting or testing that you may have undergone since you filed your initial application. It's crucial that you provide complete and accurate information about your treatment. You might also be asked to undergo what's called a consultative medical examination, a CME. Don't ignore it. Don't blow it off. That will result in an automatic denial of your claim. Now, the request for reconsideration is just that. You're asking the Social Security Administration to review the evidence they considered when they denied your claim and to review any new evidence. A Social Security Administration employee who didn't make the initial decision is going to conduct the review. And after the review, the claim examiner will either deny or approve your claim. If your claim is denied, don't be discouraged because 66% of requests for reconsiderations are denied. Don't give up, but file that request for hearing in 60 days. How can you increase your chances of success? Well, nobody can guarantee results, but studies show that having representation at all levels of the Social Security Disability Claims process can improve your chances of success. At KV Law, I do things differently than most Social Security Disability lawyers. I like to gather your medical records, obtain from your physician a completed form called a residual functional capacity form. That form will outline your restrictions and limitations, and I try to outline in my initial application or request for reconsideration the elements of the five-step sequential evaluation that the Social Security Administration must consider in deciding your case. I want to give them a path for the claims examiner to understand why you're entitled to your Social Security Disability benefits and why you meet the five-step sequential evaluation. I never give up and I'm ready to file a request for reconsideration or a request for hearing. Just like Winston Churchill, I never give up and you shouldn't either. If you don't know what to do, call me at 727-894-3188 to learn more about your rights to Social Security and how I can help you get the Social Security Disability benefits you deserve.