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Need Help Filing Your Social Security Disability Insurance (SSDI) Appeal?

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How Do I Appeal an SSDI Denial?

The legal team at Lewis Disability Law instructs future clients to call our office the day they receive their initial denial, so our team can discuss the reasons for denial, and determine how to proceed with the appeals or application process.

Only after clients filed an initial claim and it has been denied, can our legal team help clients with their “Request for Reconsideration” and “Request for Hearing by an Administrative Law Judge” appeals.

When a claimant gets denied Social Security Disability benefits, the claimant has the right to appeal that unfavorable decision.

Although some claimants may choose to go to their disability hearing without representation, many statistics show having a much higher success rate in regards to their hearing decision when a claimant has representation.

Free Case Consultation

Get the help you need from an experienced disability attorney in order to get the best chance of getting your SSDI appeal approved:

We don’t charge a fee unless you win!

Contact our legal team today to schedule your free consultation, and submit your disability claim denial appeal as soon as possible: (866) 950-5116

Or use our contact form.

The basic job of a Social Security Disability lawyer behind a disability denial is to figure out what has gone wrong and attempt to resolve those problems.

An experienced attorney will review the initial claim, along with medical and non-medical evidence collected by the SSA, to determine why the claim was denied.

The lawyer will also assist with identifying additional medical records that may support your disability claim.

It is important to ensure that your Social Security file is complete with up-to-date medical records to help achieve a favorable outcome.

Is It Better For Me To Appeal My Social Security Denial Decision Rather Than Reapply for Disability Benefits?

The Social Security Administration has steps you must initiate in order to follow through with your claim if you have been denied. In our experience, starting over each time with an initial application is usually not in your best interest.

We often get asked whether an individual should appeal their current claim or file a new application.

There are very few reasons why you should file a new claim if you still have the ability to appeal a recent denial.

If you are filing a new claim just to see if the Social Security Administration (SSA) will find you disabled with a new application, we advise our clients that appealing an initial decision is likely the best course of action.

Most initial applications for Social Security Disability benefits are denied. Our experience is that your chances of winning your claim increase by appealing your claim and pursuing a hearing before an Administrative Law Judge (ALJ).

We have seen clients with numerous initial application denials in the past win their claim for benefits by going through the appeals process.

Filing Your Social Security Disability Appeal on Time

It is very important to appeal your initial denial within sixty (60) days from the date of your denial to ensure you protect your ability to appeal the denial.

If you are denied on an Initial Application, you have sixty days to file what is called a “Request for Reconsideration”. This is basically telling the SSA you believe they have made a mistake and are asking them to take another look at your claim.

They will assign a reviewer to your claim and usually make a decision within 60-90 days. If you are again denied, you must request a hearing before an Administrative Law Judge (ALJ).

Again, time is of the essence and you only have sixty days to file the correct paperwork.

There are exceptions that the SSA will look at on a case-by-case basis if you turn in your paperwork late.

In our experience, relying on the SSA to accept an untimely filing is probably not your best bet.

One of the reasons many people hire a disability attorney is to have a trained professional in this area to help ensure deadlines are met.

Reviewing Your Denial Letter…

Our legal team always directs the claimant to the denial letter that they have received by the SSA.

This letter specifically states the reason for the denial. So, take the time to read the decision the SSA sent to you to figure out exactly why you were denied in the first place. Once you know why you were denied, you can begin to collect the necessary documentation to appeal this decision.

Some reasons why Social Security Disability claims are denied may include:

  • Income. You make more than $1,000 per month. If you exceed this amount, you will immediately be denied disability benefits.
  • Disability duration. Based on the information you provided the SSA when filing your claim, they have determined that your disability will not last or be expected to last a minimum of 12 months.
  • Good medical records. You failed to comply with the SSA’s request for information or medical records. Not complying with this request may ultimately cause you to be denied benefits.
  • Comprehensive medical records outlining and detailing a disabling medical condition may be the key to a quick favorable outcome in a Social Security Disability claim.
  • Communication. The SSA has attempted to locate you and was unable to reach you.
  • Prior work experience, age, and education. In the Social Security Administration’s approval process, they determine your ability to work with your disabling condition while looking at age, education, and prior work experience.
  • All disabilities are different and can create different barriers to employment. While some disabilities may be visually evident, other disabilities like mental disorders may not be visible to the naked eye.
  • The guy down the street may be luckier than you. That’s right, he may have been evaluated by someone in the Social Security Administration who was more lenient on granting disability claims.
  • Believe it or not, actual people look at your claim and make a determination.

If you have been denied your Indiana Social Security Disability benefits and believe it was an unfair decision, contact a disability attorney from our legal team for a free evaluation.

Get Help from a Professional Social Security Appeal Lawyer to File Your Disability Report Appeal Correctly

The Disability Report Appeal (also known as form SSA 3441-BK) is filed in combination with forms needed to file a “Request for Reconsideration”, “Request for Hearing by Administrative Law Judge”, and “Request for Reconsideration Disability Cessation.”

It is important that Indiana Social Security Disability Appeals claimants file the correct forms to ensure there are no unnecessary delays in processing the needed paperwork.

The Disability Report Appeal has various sections concerning:

  • Information on the disabled person; (This includes basic contact information.)
  • Medical condition, information about the claimant’s disabling condition, illness, or injury;
  • Medical record information;
  • Medications the claimant may be taking;
  • Medical evidence such as tests that have been performed, and if applicable new evidence;
  • Job/work information;
  • Information regarding training and education;
  • Support services you may have received and information about treatment history;
  • A final section where the claimant can put information you do not believe was addressed in other sections of the report.

Appeals Council Review

The Lewis Disability Law legal team at times receives telephone calls from Indiana disability applicants after their Social Security Disability application claim has been denied by an Administrative Law Judge (ALJ) asking what they can do next.

We advise our clients after they find themselves with an unfavorable decision from an ALJ they can appeal that decision to the appeals council. Again, like previous appeals in the process, an individual has 60 days plus some mailing time to appeal the unfavorable decision in writing.

When you send your appeal to the appeals council what can happen next?

There are essentially three different paths your appeal can take:

  • The Appeals Council can deny your request. This type of denial is usually because the Appeals Council believes the Administrative Law Judge (ALJ) made a correct decision.
  • The Appeals Council can decide the case itself. In Indianapolis disability lawyer Scott Lewis’ opinion, this usually happens when the evidence is very clear you are disabled and entitled to Social Security Disability benefits.
  • The Appeals Council can remand or return the case to an Administrative Law Judge (ALJ) for further action. Upon remand the ALJ can do a number of things including, but not limited to, asking for additional medical documentation to support your claim or decide your case favorable without any further action.

If you are denied once again at The Appeals Council level there may be further relief available.

You may appeal the decision to a federal district court.

Why Lewis Disability Law?

We don’t charge a fee unless you win!

Our attorneys in our legal team at Lewis Disability Law always attempt to work closely with their clients throughout the appeals process, and we offer a free consultation to qualified claimants who contact our office to discuss their case.

We strive to stay in contact with our clients throughout the long drawn-out process and take great pride in the fact that our staff promptly returns client phone calls and makes full attempts to be courteous of their needs.

Any disability lawyer in our legal team would gladly discuss their success rate with disability claims before taking on your case file.

If you have been denied Social Security Disability benefits and you want to appeal that decision, contact our legal team for a free consultation at (866) 950-5116 to discuss your case file.