What Are the Chances of Winning A Social Security Disability Appeal?

What Are the Chances of Winning a Social Security Disability Appeal After A DenialWhat Are the Chances of Winning a Social Security Disability Appeal After A Denial?

If your Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) application was denied, don’t be discouraged.  Denials are more common than are often realized.  According to the Social Security Administration (“SSA”), approximately 70% of all initial applications are denied; however, over 50% of denials that are appealed are reversed.

In addition to the merits of a claim, a critical factor in obtaining benefits after a denial may be whether an experienced social security appeals lawyer is retained who has the experience to know how to position a case for the best chance of success.  At the Law Offices of Mark T. Hurt, firm founder Mark Hurt is experienced in obtaining full disability benefits for clients.

We Encourage You to Call Our Office for a Free Consultation to Learn About Your Options

We can explain how the appeals process works, and how we can help.  We are only entitled to a percentage fee if benefits are obtained, and this fee is only based upon the past amount due (no fee is due on future payments).  Let our team put their over two decades of legal experience to work for you!

Why Are SSDI or SSI Benefits Usually Denied?

Despite having qualifying disabilities, applicants are often denied benefits because of minor issues or application and documentation errors.  The following are some of the most common reasons for denials:

  • The disability is not severe enough or won’t last long enough. To qualify for SSDI or SSI benefits, the impairment must be severe and last for at least twelve months or result in death.
  • Applicant Non-responsiveness. The SSA examiner must be able to communicate with an applicant regarding their outstanding claim.  If the agency is unable to reach the individual to schedule medical examinations or to discuss crucial matters, benefits will be denied.
  • Refusal to Cooperate. SSDI and SSI claims must be supported by facts and documentation, typically in the form of medical records.  If a person refuses to release vital medical records, the application may be denied.
  • Failure to Follow Prescribed Treatment Plan. If an individual is being treated by a physician but refuses to comply with the treatment plan, they may be ineligible to collect compensation.  However, the SSA may excuse an applicant’s failure to follow prescribed treatment if something beyond their control stops them from doing so.
  • Drug or Alcohol Addiction Based Disability. The SSA will deny benefits to someone whose drug or alcohol addiction is a contributing factor to his or her disability.
  • Incomplete Medical Records. SSA examiners look for specific language when reviewing medical records during a disability determination.  If a physician does not adequately describe a disability or insufficiently documents a condition, the SSA may deny benefits.

Many of these common reasons for denials can be easily overcome with proper counseling and guidance.  At the Law Offices of Mark T. Hurt, we have been successfully assisting clients for over 30 years.  We are experienced in challenging denials and obtaining benefits for clients when they meet the qualifications and eligibility.  If you have been denied benefits, we can help you compile evidence, petition for an appeal, and tenaciously fight to secure the benefits to which you are rightfully entitled.

How Long Do I Have to File a Social Security Disability Appeal?

Applicants only have 60 days from the denial date to file an appeal.  If this deadline passes, the opportunity to appeal may be forfeited, and the denial will not be reversed.

If you were denied benefits and your deadline is nearing, we can help.  We can file an appeal within days to ensure that you do not miss your right to challenge the determination.

How Does the SSDI or SSI Appeals Process Work?

If your SSDI claim is denied, the SSA offers several options to demonstrate that you satisfy the eligibility requirements.  There are four levels of appeal:

  • Request for Reconsideration. A new examiner will review the application, along with any new evidence submitted, and make a separate eligibility determination.
  • Administrative Hearing. If an application is denied at the reconsideration level, a hearing before an administrative law judge can be requested.  Much like a traditional court hearing, evidence can be introduced, and witnesses and experts can testify.
  • Appeals Council Review. If an unfavorable determination is rendered at the administrative hearing, an applicant may appeal to the Social Security Appeals Council; however, the council is not required to grant a review.  If the case is reviewed, benefits can be approved or denied, or the council can order another hearing before the administrative law judge.
  • Federal Court Review. The final option involves filing a civil lawsuit in federal court.

As an Experienced Social Security Appeals Law Firm, We Can Significantly Increase the Chances of Winning an Appeal

The appeals process can be challenging, but having an SSDI attorney by your side can help lessen your burden and increase your chances of success.  With more than 30 years of practicing law, Firm founder Mark Hurt has a solid reputation for being a meticulous appellate lawyer who knows how to question experts and present persuasive arguments.  We will fight tenaciously on your behalf is seeking to obtain for you the benefits to which you are rightfully entitled.

Call the Law Offices of Mark T. Hurt at 276-623-0808 to Schedule a Free Consultation!

 

Client Review

“Mark is great an his staff is second to none. They always answer questions an call you back, I especially want to thank Carol she is the best”

Stevie
Client Review

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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