Many initial applications for social security disability are denied, so don’t be alarmed if you’re met with a denial of benefits. It is important to not give up because you do have options. We definitely understand the frustrations when your disability claim is denied, and even though the appeal process can be complicated or difficult, we can still win you the benefits you deserve. Greensboro disability attorney Deborah Maury will help you submit an appeal or request for reconsideration.
When you receive a denial letter, get in touch with Maury Disability Law as soon as possible. This will allow us to submit additional information to the SSA in an attempt to get your approval. You will have a limited amount of time to request a reconsideration or appeal. You will also want to collect additional evidence to supplement your application, which can take time. The sooner you reach out to us, the quicker we can turn your denial into an approval.
The Social Security Administration (SSA) is a huge department that processes millions of applications each year. They are bound to make mistakes, and sometimes applicants make errors when filling out their applications as well.
Since SSD/SSI is intended for people who are unable to work, if you make more than around $1,500 a month, you may be denied. Income from investments does not count, but it is possible that they are counting a previous income that you are no longer able to make due to your injury.
If the medical records do not include information about your claim of disability they will deny your claim. You should include a physician’s written statement detailing your disabling condition and why it prevents you from returning to work.
The SSA intends for SSD/SSI to be paid out to people who are unable to work for a significant amount of time. If they think that your injury will not last more than one year, they may deny you. This is a subjective determination that we can fight aggressively.
A lot of claimants get a denial letter and just resubmit the same claim. However, if the SSA notices that you have applied before, they will automatically deny the claim. It is best to submit an appeal rather than just submitting the same application.
The SSA requires that you follow doctor’s orders in order to heal properly and to qualify for SSD/SSI. There are exceptions to the rule though, including not being mentally well enough to follow the therapy, or not being able to afford it. We can help you appeal this to the SSA.
There are 4 Levels of an Appeal Process
This is a review of your claim by someone who was not involved in the initial decision. They will review your initial evidence as well as any new evidence you provide.
This is the stage where most cases are won. They take place in the Social Security Administration’s offices, and your evidence gets to be presented before a judge who will issue a ruling.
If you case is denied in the previous stage we can ask the Appeals Council for a review. The Appeals Council will then return your case to the Administrative Law Judge for a new hearing.
If you disagree with the Appeals Council decision, you can file a lawsuit in Federal District Court. In this case an attorney must be admitted to practice before a US District Court in North Carolina as Deborah Maury is.
The Appeals Process is time-sensitive. If you have received a denial letter, be sure to call us below so that we can get started for you. There is no need for you to pursue the appeal process alone without the professional guidance of an attorney. Hiring a lawyer is a smart decision to make at any stage of the appeals process. By working closely with you, we can ensure that you understand your options, meet all the deadlines and are prepared when going before the administrative law judge (ALJ) or engaging in other important aspects of the process.