When a person applies for Supplemental Security disability benefits and is denied, they have the right to appeal the decision. Winning an SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) appeal can be a long and difficult process, but it is possible if you know what to do. Learn about some common issues that cause the Social Security Administration (SSA) to deny applications, how to avoid making mistakes during the appeal process, and whether to hire an attorney when handling an appeal.
Common Issues that Cause the SSA to Deny Disability Applications
There are several common issues that cause the SSA to deny applications, including:
- Lack of medical evidence – The SSA requires extensive medical evidence to support an SSDI or SSI claim. If a person does not have enough medical evidence to support their claim, they may get a denial.
- Failure to follow treatment – The SSA expects that a person will follow their prescribed treatment plan. If a person does not follow their treatment plan, the SSA may deny their application.
- Non-medical issues – To be eligible for SSDI or SSI, a person must meet the non-medical rules. If a person hasn’t worked long enough and/or doesn’t meet the income requirements they may receive a denial even if medically disabled.
- Failure to cooperate – The SSA may deny an application if a person fails to provide the necessary information or documentation.
Avoiding Mistakes During the Appeal Process
To win a disability appeal, it is important to avoid making mistakes during the appeal process. Here are some tips to help you avoid mistakes:
- Get organized – Make sure that you have all of the necessary documentation and evidence to support your claim and keep all of your paperwork and medical records in one place.
- Follow up with your healthcare provider – Make sure that you are following your healthcare provider’s treatment plan and that you are attending all of your appointments.
- Be honest – Provide the SSA with honest and accurate information. If you are misrepresenting information, it could harm your case.
- Hire a disability attorney – An experienced attorney can help you navigate the appeal process and increase your chances of winning your case.
Should You Hire a Disability Attorney?
While it is not required to hire an attorney for assistance on your SSI or SSDI claim, it can increase your chances of approval. An attorney can help you prepare your case and gather the necessary evidence to support your claim. They can also help you navigate the appeal process and represent you at the hearing. A disability attorney can increase your chances of winning your case, especially if you have a complicated case or if you have been denied.
Is There a Limit to How Many Times A Person Can Apply for Disability?
There is no limit to how many times a person can apply for disability benefits. However, it is important to note that the SSA will require individuals to follow the appeal process and can deny a new application due to the concept of res judicata. The appeals process can take a long time, and each appeal level can take several months or even years to be processed. It is important to discuss your claim with an experienced attorney to decide if an application or appeal is the appropriate next step for your claim.
Winning a disability appeal can be a difficult process, but your chances are higher with professional help. By avoiding common mistakes, getting organized, and hiring an attorney, you can increase your chances of an approval. If you are denied SSDI or SSI benefits, do not give up. Keep fighting for the benefits you need and deserve.