SSDI: Rejected Claims
Appeal the Rejection
Although you may have a legitimate disability, claims for Social Security Disability Insurance (SSDI) is often denied due to paperwork or other technicalities. Rejected SSDI claims can and should be appealed as quickly as possible, but the process can be daunting if you are trying to navigate the system on your own. A North Carolina Disability Attorney can help.
According to the US Social Security Administration (SSA), in 2011 disability benefits were awarded to 9.8 million people and awards to disabled workers accounted for 98% of all disability benefits paid that year. With so many applicants, the SSA uses an extremely methodical process to eliminate any claims that do not match their every requirement. Because of this, many applicants with legitimate disability claims are denied benefits.
If you applied for Social Security Disability Insurance and your claim was denied, our legal team can help you appeal the decision immediately. The skilled social security lawyers of Riddle & Brantley want to protect the rights of workers whose claims of disability were denied.
We understand that the benefits that SSDI provides can mean the difference between a major financial hardship and continuing to live a normal life, which is why we will always fight for the compensation due to our clients.
To find out how we can help, simply fill out the free form to the right.
What to do After a Denial
The SSA reports that supplemental security income payments are listed as another source of income for about one out of six disabled workers, which speaks to the importance of cash benefits for those who are unable to hold gainful employment.
If your claim is denied, contact a law firm with experienced in SSDI litigation so your appeal can be filed immediately, within the 60-day deadline for appeals. Surprisingly, most claims that are denied are never appealed, for one of several reasons: either the applicant does not apply within the necessary time frame, gives up on the process, or reapplies by filing a new claim, which is not recommended.
If a new application is filed with the same information and the same claim, the second claim is likely to be denied for the same reasons as the first. The appeal process allows a continuation of the original claim which can correct any issues as stated by the SSA.
Why Was My SSDI Claim Denied?
When working with a lawyer on appealing your denial, the first thing that needs to be done is to determine the reason the claim was denied. During the appeal process, your attorney can help you understand the SSA’s rationale for their decision.
For example, if the worker’s disability does not preclude them from performing the duties of their job then the SSA will likely deny their claim. Though the disability may exist, if the skills needed to maintain gainful employment are still intact for that particular job there is no need for disability benefits.
The SSA utilizes a list of qualifying injuries as a guideline for the approval or denial process. Though a worker may be approved if their injury is not on the list, it is a faster process if the injury falls into one of the already designated categories.
In determining why your claim was denied, consider the following questions which are used by the SSA as a basis for their decision:
- Can the applicant still work?
- Is the disability lasting?
- Is a physical or mental impairment present?
- Can the applicant achieve substantial gainful employment?
The appeal process has four levels:
- Hearing by an administrative law judge
- Review by the Appeals Council
- Review by the Federal Court
Once a lawyer begins work on your appeal, the SSA will work with that representative the same way they would work with you. At this point you can rest assured knowing that your claim is being handled in a timely manner and in the correct way. Don’t struggle through an appeal without an advocate, and don’t give up on receiving your SSDI benefits just because your application was rejected.
An Experienced North Carolina SSDI Law Firm Can Help
Even legitimately disabled workers’ claims can be denied if they do not move through the proper channels in the application process. Additionally, the Social Security Administration may deny a claim through no fault of your own, which is why it is critical to work with one of our knowledgeable SSDI lawyers.
With over 160 years combined legal experience, Riddle & Brantley understand the importance of receiving the social security benefits that may be owed to you. The compensation that a successful verdict or settlement can bring not only helps to cover lost wages from the disability, but it also assists with hospital bills and rehabilitative services, and other associated medical costs related to the disability.
With our offices throughout North Carolina, we are proud to serve clients in the following areas:
- North Raleigh
- Most of the surrounding towns and suburbs of these areas.
Do not hesitate to file your claim with an attorney experienced in the SSDI application process. Call us today at (800) 525-7111 for a FREE review of your case.