The Social Security Administration’s Disability Insurance program is a social safety net for those impacted by devastating injuries and medical conditions. Disability benefits help these people maintain their lifestyle and help them pay for food, clothing, and other necessities. Unfortunately, navigating the Social Security disability system can be challenging, especially for those already coping with a traumatic injury or illness. You shouldn’t have to fill out a lot of complicated paperwork or jump through bureaucratic hoops, especially when one mistake is all it takes to jeopardize your claim and send you back to the beginning of the process.
Fortunately, you do not have to navigate this system alone. The Disability Advocates Group is committed to helping those with disabilities recover the benefits they are entitled to under the law. Our compassionate legal team can guide you through the application process from start to finish, helping you avoid the common mistakes that might lead to a rejection. We can also help you appeal a claim that’s already been denied and correct issues that may have led to that decision.
Don’t be intimidated by the complicated disability claim process. Instead, let our experienced legal team help you overcome common mistakes that can hurt your claim and subsequent disability appeal.
What Is a Disability Claim Appeal?
According to data from the Social Security Administration, in 2019, only 29.2 percent of those who applied for benefits were awarded them. A shocking number of disability claims are initially denied. You have two options if this happens to you: give up or file an appeal. If you disagree with the Social Security Administration’s decision, you can request an appeal and get your claim back in front of the administration for review.
Unfortunately, filing a disability claim appeal can be time-consuming and confusing. How do you know why your claim was denied? Where can you find more information to build a compelling claim demonstrating why you are entitled to disability benefits? First, it helps to understand the process. The Social Security Administration sends you information outlining the reason for the denial and gives you instructions on how to file an appeal. Although you may feel frustrated, do not ignore communications from SSA, as there is a time limit to file your appeal. Generally, you have 60 days from receiving your denial notice to request an appeal. Additionally, you must request an appeal in writing.
SSA gives you four ways to appeal a disability claim denial. You can request the administration reconsider the denial, request a hearing with an administrative law judge, request a review with an Appeals Council, or file court action in a federal district court. A knowledgeable disability benefits attorney can carefully review your situation and outline the option that provides the best chance of obtaining a favorable outcome for your claim.
Mistakes to Avoid When Filing a Disability Appeal
Mistakes, errors, and omissions are among the most common reasons disability claims get denied. Unfortunately, many of the same mistakes that flag a claim for denial can also hurt the claim during the appeals process. Here are some common mistakes that could jeopardize your appeal – and, crucially, how to avoid them.
Waiting Until the Last Minute to File
You have limited time to file a disability claim appeal – typically, 60 days from receiving your denial notice. Although facing a denial is frustrating and overwhelming, you cannot afford to procrastinate. Appeal requests must be made in writing, giving you limited time to formally announce your intention to appeal the SSA decision.
Not Taking the Time to Understand Why You Were Denied
The letter notifying you of the denial should also explain why your claim was denied. You should carefully review the denial notice and your original application to understand what went wrong. That way, you can take measures to correct the problem and increase your chances of mounting a successful appeal. Failing to provide sufficient medical evidence, overstating the disability, and providing incomplete or incorrect information are some of the most common reasons for denial. When you understand what your claim is missing, you can correct the problem and be better prepared to state your case during an appeal.
Giving Up
When faced with uncertainty and stress, it can feel like the best thing to do is cut your losses and move on. Giving up on treatment and giving up on the appeal process are easy mistakes to make when coping with the overwhelming challenge of gaining disability benefits. Giving up on treatment shows the appeals team that you may be exaggerating your condition and how it impacts your life. Medical documentation is crucial to building a strong claim and appeal. You must demonstrate that you are treating your condition to ensure your appeal has a better chance of success.
Giving up on the process is a surefire way to lose out on the disability benefits you need. Yes, the process is arduous and challenging. That doesn’t mean you can’t overcome it, especially with help.
Not Hiring an Experienced and Knowledgeable Disability Attorney
Those needing disability benefits are often discouraged from getting legal help because they are afraid of the costs associated with securing assistance. Remember, though, that the cost of a claim denial is greater than the cost of hiring an experienced lawyer. Allowing a knowledgeable disability attorney to help you craft a compelling disability claim appeal is the best way to increase your chances of obtaining a favorable outcome and getting the benefits you deserve.
An attorney can help you manage the appeal process from start to finish, building a strong appeals claim and representing you at hearings. Many people are afraid to speak up for themselves at these hearings. It is understandable, as the process can be nerve-wracking and overwhelming. With legal assistance, you can feel confident that your best interests are represented and that someone will fight for you.
Contact a Florida Disability Appeals Attorney Today for Help
Have you received an SSDI denial? Do you want to file an appeal and get the benefits you need to live your life? The Disability Advocates Group can help. We proactively fight to defend the rights of those with disabilities and help them mount a strategic appeals approach that offers the best opportunity for a favorable outcome.
Contact our Florida office today for more information on how we can help you. Your consultation is free and comes with no obligation.