If an injury or medical condition keeps you from working, you may be eligible for Social Security Disability Insurance (SSDI) benefits. However, the Social Security Administration has strict rules about what qualifies as a disability, and many initial applications are denied. Fortunately, the SSA offers an administrative appeals process, giving you the opportunity to strengthen your case and fight for the benefits you deserve. Contact Disability Advocates Group – Florida today for a free case review with an experienced Social Security disability attorney to learn how to build a strong SSDI appeal.
Understanding the SSDI Appeals Process
The Social Security Administration’s appeals process involves three levels of review, including:
- Reconsideration: During reconsideration, a claims reviewer who did not participate in the initial decision on your application will conduct a new review. You may submit additional evidence that supports your claim or addresses the reason(s) for the initial denial of your claim.
- Administrative hearing: Should reconsideration uphold the denial of your SSDI application, you can request a hearing before an Administrative Law Judge. At the hearing, you can present evidence and witnesses to convince the ALJ to approve your application.
- Review by the Appeals Council: If the ALJ rules against you, you can request the Social Security Administration’s Appeals Council review the ALJ’s decision.
After exhausting the administrative appeals process, an SSDI applicant can further challenge the denial of their disability benefits claim by filing a civil action in federal court.
Step 1: Strengthening the Medical Evidence
The first step in ensuring the success of your SSDI appeal involves gathering all available medical evidence to show that you have a qualifying disability. You should collect your most up-to-date medical records and obtain opinion letters from specialists. Your treating physicians can also provide you with detailed statements that document your functional limitations on your ability to work and perform daily activities. Furthermore, suppose your medical records show gaps in treatment or have inconsistencies about your symptoms or limitations. In that case, you may need your treating physicians to provide letters to explain those gaps or inconsistencies, which may have resulted from financial issues that prevented you from affording care or different opinions among providers you have seen.
The medical evidence in your appeal should show how your condition(s) limit your ability to perform essential work tasks, such as sitting, standing, walking, lifting, or focusing, rather than simply listing a diagnosis of a condition. An experienced SSD lawyer can help you identify missing medical evidence or determine what other information would bolster your claim.
Step 2: Build a Strong Narrative
An appeal of your SSDI claim should rely on a credible, compelling narrative that explains how your medical condition affects your daily life. This narrative should discuss your work history and how your symptoms limit your ability to perform duties in past jobs you’ve held. You should also focus on ensuring that the narrative is consistent with your medical records, witness testimony, and third-party statements from treating providers, family members, and friends. Avoid the temptation to overplay or exaggerate your symptoms, as the medical evidence in your case may undermine any exaggerated testimony and harm your credibility.
Step 3: Anticipate and Address SSA Concerns
You should also focus on crafting your appeal to focus on the reason(s) your application was denied. Common reasons for denials include:
- Insufficient medical evidence of a disability
- The applicant can perform substantial gainful employment
- Non-compliance with treatment recommendations
- Inconsistency among records or witness testimony
When preparing an SSDI appeal, it’s important to understand why the Social Security Administration denied your application in the first place. Your appeal should focus on gathering evidence and witness statements that directly address the reasons for the denial. For example, if your claim was denied because the SSA determined you could perform sedentary work, your appeal should include evidence showing that you cannot do that type of work due to limits on your ability to sit or concentrate. Taking a focused, tailored approach to your appeal is far more effective than simply collecting random additional documents.
Step 4: Prepare for the Hearing
Finally, when you request a hearing before an ALJ, you should learn what to expect at the hearing. Parties attending the hearing will include the ALJ, vocational experts, and you and your legal counsel. Best practices for preparing for an administrative hearing include:
- Review your case file and medical records to refresh yourself on the evidence supporting your claim
- Practice answering anticipated questions calmly, clearly, completely, and succinctly
- Make sure you have submitted any additional documents you want the ALJ to consider by the applicable deadline
Having legal representation can give you the best chance of success. Your attorney can tell you what to expect in a hearing, assist you with preparing your testimony, and provide compelling arguments to the ALJ.
How an SSDI Attorney Can Maximize Your Chances of Success
Some of the benefits of hiring legal counsel for an appeal of your SSDI claim include:
- Identifying the reasons for the initial denial of your claim
- Gathering and organizing evidence to bolster your case
- Ensuring you meet applicable deadlines in the appeals process
- Developing persuasive legal arguments based on federal law and Social Security regulations
- Representing you in administrative hearings
Contact Our Firm Today for Help
If the Social Security Administration has denied your SSDI claim, it’s important to know the right steps to take to prepare for the appeals process. Contact Disability Advocates Group – Florida today for a free, confidential consultation with an experienced Social Security disability attorney. We can guide you through the appeal process and help you understand what to expect as you fight for the benefits you deserve.