SSDI Reconsideration: Challenging A Denied SSDI Initial Application

When you’ve been denied your rightful Social Security Disability Insurance (SSDI) benefits, it can be a disheartening experience. But remember, a denial is not the end of the road; according to the Social Security Administration (SSA), over 35% of SSDI applications that are initially denied are approved during subsequent appeals stages.

At The Law Offices of Mark T. Hurt, we support claimants through every phase of the SSDI appeals journey. Don’t leave your benefits to chance, and don’t give up!

Why Is SSDI Reconsideration Important?

Reconsideration is the first step in the appeals process if an initial SSDI application has been denied. It’s a claimant’s opportunity to challenge the decision and provide additional evidence or clarification.

If you or a loved one’s SSDI claim was denied, it is imperative that you press forward; however, you don’t have to face this process alone. Call our offices to schedule a free consultation with an experienced SSDI reconsideration attorney.

For over two decades, firm-founding attorney Mark Hurt and our dedicated team have been helping disabled individuals successfully obtain SSDI benefits after being initially denied compensation. Our experienced SSDI advocates can tenaciously fight for the maximum disability benefits you deserve, as quickly as possible. 

Don’t File A New Application If You Are Denied SSDI Benefits – Pursue an Appeal

One of the most common mistakes individuals make after an SSDI claim denial is hastily filing a new application. While it might seem like a logical step, starting from scratch is not in your best interest. The following are just a few reasons why:

• Wasted Time and Effort. Filing a new SSDI application sets a disabled person back to square one. The time and energy already invested in an original application goes to waste. Additionally, the SSDI application process is lengthy, and restarting can lead to unnecessary delays in securing potential benefits.

• Potential Loss of Back Pay. If an individual wins an appeal, he or she may be entitled to benefits dating back to the original application date. Filing a new application resets this clock, which means an eligible claimant might miss out on significant back pay.

• Same Outcome. There is no guarantee that a new application will yield a different result. The reason for an original denial might persist, leading to another rejection. Pursuing an appeal allows individuals to address the specific reasons for the denial directly.

• Clarify Misunderstandings. An appeal gives claimants the ability to provide additional evidence, clarify misunderstandings, or correct errors from the initial application. This targeted approach can effectively address the specific issues that led to the original denial.

• Legal Representation. The appeal process allows for legal representation. Teaming up with an experienced SSDI attorney like those at The Law Offices of Mark T. Hurt can significantly increase the chances of a successful appeal. Our team knows the ins and outs of the SSDI system and can ensure each case is presented in the best light.

Don’t make the mistake of starting over. Let us guide you through the appeal process and fight for the benefits you deserve. Contact The Law Offices of Mark T. Hurt today for a free consultation with our experienced SSDI appeal attorneys. 

SSDI Reconsideration FAQs

What Is SSDI Reconsideration? 

Reconsideration is a complete review of a claim by a Social Security official who wasn’t involved in the first decision. They will examine all previous evidence along with any new information provided.

How Long Do I Have to Request an SSDI Reconsideration? 

Denied claimants typically have 60 days to request a Reconsideration with the Social Security Administration (SSA). Thereafter, it typically takes approximately three to six months for a Reconsideration to be processed.

What Is the Likelihood of Winning A Reconsideration? 

12% to 15% of denied applications are approved at Reconsideration. While the success rate varies, with the right legal assistance and compelling evidence, your chances of overturning a denial can be significantly increased.

What If My Reconsideration Is Denied? 

If your reconsideration request is denied, there are further appeal steps available, including a hearing before an Administrative Law Judge (“ALJ”). As SSDI appeal attorneys with over two decades of legal experience, we are here to guide you every step of the way. Contact our offices to schedule a free consultation with an experienced SSDI lawyer to learn more about your legal rights and appeal options.

Does the SSDI application process take a long time?

Regrettably, the SSDI application process can be lengthy. While there are occasional instances where an applicant might receive approval within a few months, it’s more common for the process to span anywhere from 16 to 30 months. The silver lining is that, upon approval, many recipients are awarded retroactive benefits or back pay by the Social Security Administration.

What is the SSDI Compassionate Allowance?

In response to the prolonged waiting periods and the backlog of cases in the SSDI system, the Compassionate Allowances initiative was launched in 2007. Spearheaded by former SSA Commissioner Michael Astrue and led by Diane Braunstein, this program aimed to address the thousands of pending cases, some of which had been in limbo for up to two years.

A Compassionate Allowance serves as a fast-track mechanism for individuals applying for Social Security Disability benefits. It is designed for those diagnosed with certain conditions, allowing them to receive the necessary assistance more promptly than the standard process.

The Compassionate Allowance list comprises a mix of conditions, ranging from rare ailments to more prevalent ones. This list includes various cancers, neurodegenerative disorders, and a host of other serious conditions. Periodically, conditions are added based on recommendations from medical experts, scientists, and even public suggestions. Every condition on the list is regarded as severe, with many being terminal.

To be eligible for a Compassionate Allowance, claimants must provide detailed information, such as a diagnosis of a listed condition. In cases like cancers, specifics regarding the type and its progression are crucial for SSA evaluation. While the SSA typically identifies potential Compassionate Allowance cases during the initial application, collaborating with a Social Security Disability lawyer can be invaluable. They can help ensure your application is accurate, the evidence is presented effectively, and the SSA evaluates your case appropriately.

Examples of Conditions Qualifying for Compassionate Allowance

Below is a small subset of conditions that qualify for the SSDI Compassionate Allowance:

• Adult-Onset Huntington’s Disease
• Acute Leukemia
• Aicardi-Goutières Syndrome
• ALS
• Alzheimer’s Disease
• Bladder Cancer
• Breast Cancer
• Child Lymphoma
• Early-Onset Alzheimer’s Disease
• Esophageal Cancer
• Glioblastoma Multiforme (Brain Cancer)
• Juvenile Onset Huntington’s Disease
• Kidney Cancer
• Liver Cancer
• Lowe Syndrome
• Maple Syrup Urine Disease
• Rett (RTT) Syndrome
• Wolman Disease
• Zellweger Syndrome

The SSA maintains a comprehensive list of Compassionate Allowance conditions. It’s vital to recognize that, in many instances, the severity of a condition might influence the Compassionate Allowance designation.