You can be denied social security disability insurance (SSDI) for many reasons, but you can also almost always appeal the decision. Unfortunately, while hundreds of social security disability applications are denied every year, only a small fraction are appealed. Some people start over from the beginning with a new application, spending extra time only to be quite likely denied again. Others give up.
Realize that one of your best chances for obtaining social security disability benefits is through an appeals process. While initial applications are sent through a rapid vetting system, appeals cases require more careful consideration. You also get to interact directly with someone employed by or affiliated with the Social Security Administration (SSA), increasing your chances of having your voice heard and receiving personalized recommendations in turn.
You also have other options if you have been denied for SSDI, including applying for easier-to-get SSI disability benefits. So, if you have been denied for disability, do not give up. Instead, consider the following options:
After Being Denied Social Security Disability, Review Your Application and Appeal
Often, applications are denied because the applicant failed to clarify something on their application or they misunderstood the information needed. Elements like meeting the substantial gainful activity threshold or having the needed work credits can easily make you seem unqualified for SSDI, even if you are actually eligible.
Reviewing your disability benefits application with an experienced disability lawyer can allow you to clarify your situation to the SSA. Often, you can get them to reverse their decision by pointing to a particular rule or recommended evaluation procedure that they got wrong. Other times, you may need to add information to your application to give them more clarity and accuracy.
An attorney can help you look for these opportunities while they also delve into the administrative laws and regulations that the SSA must follow. Upon review, many administrative law judges and SSA employees realize that an applicant is actually qualified based upon clarifications they received.
Start Over and Follow Directions and Deadlines More Closely
Sometimes, your SSDI application may be denied because you accidentally missed a deadline or incorrectly indicated something on your application that disqualified you, like neglecting to include payroll hours from a temporary position.
In these instances, you may have a better chance of getting approval if you re-apply following the guidance of a knowledgeable disability attorney. They can help you determine the best way to complete your application and how to disclose information about your situation in the most accurate way possible. The attorney may also request that you change to a different primary care physician who can more completely document the extent of your disability in a way that the SSA can grasp.
Apply for SSI Disability Instead
The SSI disability program has more loose restrictions on income credits, and the situations causing your disability become less important under an SSI disability application. For instance, you cannot receive SSI while you are incarcerated, but you can often receive it even if your disability was acquired while committing a felony.
You can review your options for SSI, appeals, reapplying and more after getting denied SSDI by working with a Tennessee social security lawyer today. Contact the McMahan Law Firm now, and you will receive a free case evaluation for advice on how to best proceed after your denial.
