Denial of SSI or SSDI
Our Middlesex County Social Security Attorneys Can Help
Has the Social Security Administration (SSA) denied your benefits claim? You are not alone. The SSA denies over 50 percent of the disability benefits claims that come into its office. On average, nearly a third of the approved claims required an appeal in the past decade.
That is where we come in. The Middlesex County Social Security lawyers at Spevack Law Firm can help guide you through the complicated and drawn out Social Security appeals process. When dealing with Social Security law, it helps to have legal assistance throughout the whole process. If you miss one form or state your case poorly, you will be right back where you started. No need to worry about the cost – we are not paid until you get your benefits.
Reasons for a Denied Claim
There are a number of reasons that the SSA might deny your claim, whether it is for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). The most common reasons for denied disability claims are:
- Your income is too high. In order to receive Social Security benefits, the benefits constitute a substantial gainful activity (SGA). If you already make lots of money, the benefits are not a substantial gain for you. The SGA amount changes every year. Check the official SSA page to find out the SGA for your situation.
- Your disability is not severe enough. The SSA requires that your disability either last for 12 months or be potentially fatal. Blindness is the only exception.
- Poor communication. If the SSA cannot find you or get a hold of you, they might deny your benefits.
The SSA might also deny your claim because:
- You supplied false information
- You have a criminal past
- An addiction caused your disability
- You disregarded doctor’s orders
If any of these are the case, you will need to prove that the SSA erred in judgment when denying your claim.
The Appeals Process
If denied, the first thing you need to do is file an appeal. You must send in completed forms within 60 days after the Social Security office denies your disability application. If not, you will have to start the whole process over, and chances are the SSA will deny your claim again if you do not present new or compelling information.
There are four levels of the appeals process.
- Level 1: Reconsideration. The first stage of the appeals process involves an informal review at the office where you filed your claim. Most Social Security appeals advance to the next level.
- Level 2: Hearing. The second level takes place before an administrative law judge. The judge decides if the branch acted out of line by denying Social Security benefits.
- Level 3: Go to Washington. If you want to appeal the judge’s decision, the fight goes to the Social Security National Appeals Council in Washington, D.C.
- Level 4: Lawsuit. Still unsatisfied with your denial? You will need to file a lawsuit in federal court to get your Social Security benefits.
A denied Social Security claim is not the end of the road. There are certain documents you can include, as well as arguments you can make, that will boost your chances of getting the appeal approved. For your best chance at winning your appeal, consult our disability lawyers today.