Moving On After An SSD Denial
You fill out the application. Then, you wait for an answer, and hope that you receive the help you deserve. But then the bad news arrives: your application for Social Security Disability has been denied!
After the intense application process and a long waiting period, a denial is incredibly disheartening and frustrating. However, there are steps you can take to earn a second chance.
Your first step is to apply for reconsideration. After a denial of SSD benefits, you have 60 days to file a reconsideration request. To do this, you must submit your full medical history and records to the Social Security Administration (SSA). They will then review your case again, and make another decision about your disability. At this step, consulting an experienced SSD attorney is very beneficial. They have the resources to request your entire medical history, and can assist you in gathering everything you need to successfully restate your case for benefits.
If you are denied again, your next option is to schedule a hearing. During a hearing, you get a chance to present your case in front of an administrative law judge. Like with the request for reconsideration, you have 60 days to request a hearing. Keep in mind, though, that the system is very backed up due to the high amount of applications and requests. Once you request a hearing date, it can take more than a year to even schedule the hearing. Like during reconsideration, having an attorney on your side makes a big difference. They will help you meet deadlines, file your paperwork, and see you through your hearing.
At the hearing, the judge is unlikely to make an immediate decision. Instead, they will likely review the events of the hearing, as well as take a final look at your medical records. The final decision might not come for weeks, or even months. If you are approved, you begin receiving SSD benefits after the judge makes their decision. You will also be entitled to the back benefits for the period of time when you should have been receiving SSD. Depending on the circumstances, this could be the date of your accident, the date of a first doctor’s visit, or just the date when you filed your original application.
If your application for SSD is denied, don’t despair! As you can see, you have options. With the right attorney, information, and preparation, you can make a great case for the benefits you deserve.
The attorneys at Perenich, Caulfield, Avril & Noyes represent those involved in personal injury matters. Our firm is one of the oldest personal injury law firms in Tampa Bay. There are no attorneys’ fees or costs unless we prevail for you. Call our office 24 hours a day at 727-796-8282 or simply click here to schedule a free case consultation.