Understanding the Next Steps: Navigating Social Security Disability Denial
Learn how to navigate Social Security Disability Denial & appeal your claim effectively.
Everyone dreads receiving their first denial letter for benefits after months of answering questions and providing information to the Security Administration. Once you receive the denial letter you have 60 days (plus an additional 5 days for mailing purposes) to appeal and move to the next level which is called Reconsideration. At Reconsideration you are telling SSA that you do not agree with their decision and are asking for a different case worker to review your file and make a new determination.
As time passes and you are assigned a new case worker at DDS, there is a very good chance that they will be asking you a lot of the same questions they have already asked at the initial level. There is also a good chance that you will complete some of the same forms you already completed at the initial level as well such as a Function Report or Pain Questionnaire. SSA needs to determine if your medical conditions have gotten better or worse and if there are any changes in your abilities to do daily activities. A lot of times, a person’s medical conditions will worsen over time and there will be many things the individual may have been able to do initially but now at Reconsideration they are no longer capable of doing. An individual may also develop or be diagnosed with new medical conditions that can further impact their ability to work. Without SSA knowing of any changes they would not be able to make a fair decision at the Reconsideration level, which can result in a denial letter requiring a person to have to request hearing and appear before an Administrative Law Judge.
Having an attorney takes a lot of weight off the person applying for benefits as we can help you with paperwork and directly deal with SSA on your behalf. Although the process can be very redundant, it is vital to receive the benefits you deserve. Most people get denied by the Security Administration. The appeal process is very long and difficult if you have never done it before. Hiring an attorney who has handled this process thousands of times may give you a better shot to get accepted as disabled by the Security Administration. For a free consultation, please do not hesitate to contact us at (772) 461-9181
Lyle B. Masnikoff, Esq
Law Offices of Lyle B. Masnikoff & Associates, P.A. 1645 Palm Beach Lakes Blvd., Suite 550 West Palm Beach, FL 33401 Phone: (772) 461-9181
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.