What 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!
“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”