What Can You Do After A Social Security Disability Claim Is Denied?
If you've recently received a denial for your Social Security disability claim, it's important that you understand your options. The first thing you should do is to reach out to a disability attorney who can help you to evaluate your case, the denial reason and the possible options available to you. You'll have a window of time during which you might be able to appeal, and there are other things you may be able to do as well. Here are some of the things that you should know about dealing with a denied disability claim.
An Appeal May Be A Viable Option
If you're thinking about exercising your right to appeal, you'll need to talk with an attorney first. He or she can help you understand not only the appeal filing timeline but also how to handle the process. When you first appeal, your case file will be delivered to a medical consultant who wasn't involved in your initial decision. This person will review the case information to determine if the denial was fair.
If the review uncovers reason for your case to be heard again, you'll appear in front of a judge. That's when you get to present your case. Your attorney will help you gather the evidence needed to combat the initial finding.
An Appeal Isn't Your Only Option
While an appeal may be the most common option for dealing with a Social Security disability claim denial, it's not the only choice. If the claim was denied less than a year ago and you've missed the appeal window or you feel that it was denied in a hasty manner, you can ask that the case be reopened. This puts the claim back into active review status so it is sent back to a representative at the same level as where it was denied originally. He or she then provides an independent review and makes a determination.
You can also submit a whole new application. Whether you decide not to appeal or your appeal is denied, you can submit a new application and start the whole process back at the beginning. If you're going to do this, though, it's best to do it with the support of a Social Security disability attorney from a law office like Waycaster & Allred who can help you. He or she can look at why you were denied the first time and try to address those issues in the new application.
You May Be Able To Salvage Current Benefits
If the denial you received was a denial of a re-certification, that means you're already receiving benefits. In those situations, you'll want to talk with an attorney about how to appeal the determination. If you do file an appeal or request any other reconsideration, your current benefits will typically be continued during the review process.