Principal Attorney
When the Social Security Administration denies your disability benefits application, you may request reconsideration of your application to have another reviewer examine your claim. However, a second reviewer may also deny your application. But what can you do when the Social Security Administration denies your disability claim on reconsideration?
Fortunately, you can pursue further administrative appeals of your application after the SSA denies reconsideration of your claim. Working with an experienced Social Security disability lawyer after reconsideration can improve your chances of success as you continue to pursue disability benefits.
Common Reasons for Reconsideration Denials
Some of the most frequent reasons for reconsideration denials of disability benefits applications include:
- Inadequate medical evidence to prove the existence of a qualifying disability
- Inadequate evidence of sufficient work history or qualifying income and assets
- Lack of ongoing or consistent medical treatment
- Lack of up-to-date medical records
- Finding that you can do past work or other jobs that exist in substantial numbers in the national economy
- Errors in application paperwork
- Failure to respond to requests for additional information or documents
Understanding the reason(s) for the denial of reconsideration can help you prepare for the next steps in pursuing your disability benefits application.
Understanding the SSD Appeals Process
When the Social Security Administration denies a disability benefits application, the administrative appeals process you’ll follow involves three stages. First, you can request reconsideration of your application. In this process, a new claims reviewer examines the application file and any new evidence or information you submit.
Should the SSA uphold the denial of an application upon reconsideration, you can request a hearing before an administrative law judge. During the hearing, you can present documentary evidence, witness testimony, and legal arguments to support your claim for disability benefits.
If that decision doesn’t go your way, you can appeal to the Social Security Administration’s Appeals Council. The Appeals Council will review the record created during the administrative hearing. They can either refuse to review the case and uphold the administrative law judge’s decision, or they can grant the review and either decide the case or return it to the administrative law judge for further consideration.
After exhausting the administrative appeals process, you can pursue judicial review of your application by filing a civil action in federal court.
If your application is denied on reconsideration, you should not fear losing the opportunity to obtain disability benefits. The Social Security Administration frequently denies applications on reconsideration. Many applicants whose initial appeals are unsuccessful gain approval later in the appeals process.
Next Steps After a Reconsideration Denial
When you receive notice from the Social Security Administration that your application remains denied upon reconsideration, you should:
- Request a hearing before an administrative law judge: You should request an administrative hearing as soon as possible after receiving a denial notice following reconsideration. You must request a hearing within 60 days of receiving that notice. A hearing will allow you to present evidence, witnesses, and arguments to convince an administrative law judge that you qualify for disability benefits.
- Gather additional evidence: Begin collecting documents and information that address the reason(s) for the denial of your application to bolster your claim. This information could include updated medical records, statements from your treating physician(s), and documentation of your work limitations, such as functional capacity evaluation results, statements from employers, or work records showing your inability to hold a job.
- Prepare for the hearing: Finally, work with a Social Security disability attorney to prepare for your administrative hearing. A lawyer can prepare you for what to expect during a hearing, whether you have an in-person hearing or a hearing via teleconference. Your attorney can help you develop your testimony for the hearing and advise you on questions that the administrative law judge may ask you.
Tips for Strengthening Your Case
Best practices that can help you bolster your case when you pursue an administrative hearing include:
- Continue to see your physician for your condition and follow your prescribed care, including medication regimens and physical therapy as directed.
- Keep detailed notes about the symptoms and limitations you experience, including specific instances where your condition hampers your work or daily activities.
- Have your doctors perform functional capacity evaluations to gain data about your ability to perform work tasks.
- Remain honest and consistent in your testimony about your condition and limitations – refrain from exaggerating or downplaying symptoms.
- Stay proactive with your application and do not give up after a continued denial, even after reconsideration.
How an SSD Lawyer Can Help
You’ll have the best chance of success in your appeal after the denial of your SSD benefits application on reconsideration when you hire a lawyer. Your lawyer can prepare you for your administrative hearing or to go before the Appeals Council. An attorney can assist you with pursuing an appeal of your SSD application by:
- Reviewing the denial notice to learn the reason(s) for the denial of your application on reconsideration
- Gathering additional evidence, documentation, or witnesses that can bolster your disability claim
- Filing a timely request for an administrative hearing
- Preparing a compelling argument to present at the hearing
- Helping you get ready for your administrative hearing by explaining what to expect, reviewing your testimony, and discussing questions you might get asked
- Presenting your case to the administrative law judge to advocate for the approval of your disability benefits application
Contact Our Firm Today for Experienced Legal Representation
When the Social Security Administration denies your request for reconsideration of your application for disability benefits, you may still have the opportunity to pursue the financial assistance you need. Contact Disability Advocates Group – Florida today for a free, no-obligation consultation with a knowledgeable SSD attorney. Let’s discuss your options after the denial of reconsideration of your disability benefits application.