What To Do If Denied Social Security Disability

Has your claim been denied?

Posted on March 29, 2018

If you receive a denial on your Social Security disability case or SSI claim, you aren’t alone. Navigating the Social Security disability process can be difficult and confusing. Many people start a new application, which starts the process all over again. But you actually will want to file an appeal. Disability lawyer and advocate, Matthew Shupe, explains what one can do if denied disability.


Video transcription

You’ve been denied disability benefits. First step, take a deep breath. It happens. The government makes mistakes from time to time. What you’re going to want to do next is appeal your case. You have 60 days to appeal a case for disability. We at Balin Law prefer appealing an existing case instead of filing a new application for benefits and starting from scratch. Simply because cases that have been appealed have a higher likelihood of winning than constantly refiling application after application. So persistence pays.


Denied disability, now what?

Unfortunately, most disability cases are denied the first time. Many claimants either file a new claim, give up on the process, or appeal too late. If you receive a denial for your SSD or SSI claim, you will want to make an appeal. Keep in mind that you have 60 days to make an appeal. Appealing a disability claim can give you a better chance of winning.


Why does Social Security deny disability claims?

Every disability case is different. Here are some common reasons a disability claim is denied:

1. Your medical condition(s) won’t last long enough

The Social Security Administration (SSA) looks at your medical conditions to determine if you are unable to work like you once could. The health condition must be affecting your ability to function. The disabling conditions must last, or be expected to last at least twelve consecutive months. Learn more about Social Security disability eligibility.

2. You don’t follow your treatment plan

There are exceptions to this, but generally SSA will look to see if you follow the treatment plan your doctor(s) have given you. Failure to follow your treatment plan can be construed as unwillingness to improve your conditions.

This can result in a denial of your claim. Taking medications as prescribed, abiding by a prescribed diet, and attending prescribed physical therapy sessions can result in the approval of your claim.

3. There isn’t enough medical evidence

Your disability case may be denied if the SSA does not have enough medical evidence to prove your condition(s) hinder your ability to work. It’s important to work with your doctor to document your limitations. Here are some options if you don’t have medical insurance.

4. You’re currently in jail or prison

If you’re currently incarcerated, you cannot receive disability benefits. But it is possible to get approved once you are released. Learn more about prison and disability benefits.

5. Cooperation with SSA

Another reason a claim can be denied is because the SSA cannot get in contact with you. Another reason could be that you’re not giving the SSA access to your medical records. Or perhaps you didn’t show up to your consultative exam. A consultative exam is usually ordered when there isn’t enough medical evidence to support the disability claim.

6. You don’t meet the medical requirements for disability

There are medical criteria for those filing a disability claim. The SSA goes off of these guidelines to help determine disability classification to claimants. Of course there are other factors as to why a claim can be denied as every case is different.

In a nutshell, the disability process can be difficult to navigate alone. Many people are very deserving of disability benefits. Please know you are not alone and there is help available. Contact Balin Law to get answers to your questions and see if you qualify for Social Security disability benefits 866-492-2546