You hit a denial roadblock when you applied for Social Security Disability Insurance, now what are you supposed to do? Can you reapply for SSDI after being denied? Do you have other options? Let Tabak Law in Milwaukee help you explore your SSDI options.
Is It Smart to Appeal an SSDI Decision?
When you are initially denied, you will be given an opportunity to appeal the decision. This can be a scary prospect for some because you are saying that a government official is making a mistake, but don’t be disheartened. On average, only one-third of cases get approved at this stage. In short, you should definitely appeal the decision.
Appealing a decision will prompt a reconsideration. At this stage, you will also have an opportunity to submit new or additional medical evidence to support your claim. Though it is not required that you do so, don’t miss out on this opportunity to strengthen your case.
What Should You Do If your SSDI Reconsideration is Denied?
You went through all the work to appeal the decision, perhaps you even provided additional medical evidence, and yet you still were denied? Again, don’t be disheartened. Only 10% of cases get approved at this stage, and you have one more big chance.
This stage was exactly the same as the last stage except that a different examiner was tasked with reviewing your case. Without additional medical evidence, most examiners are going to agree with their colleagues, but like the last time, you have another chance to appeal, only this time it will be different. You’ve come this far, and you should definitely take the chance and appeal again. Like last time, you will have yet another opportunity to provide medical evidence. Some time has passed now, as such you may have even more evidence to strengthen your case.
What is an Administrative Law Judge Hearing?
Remember how we said this time would be different? That’s because an examiner is no longer involved in the process. Instead, you will get a hearing in front of an Administrative Law Judge (ALJ). A disability lawyer—like those at Tabak Law— will be of big help at this stage.
A hearing in front of a judge can be intimidating for sure. After all, most of us spend our entire lives avoiding being in front of a judge. However, if you made it this far in the appeals process, then we have some good news. On average, all cases that reach the ALJ hearing stage of the appeals process have approximately a two-thirds success rate. That rate is even higher for those that have the support of a disability lawyer.
Unfortunately, if you make it through this stage and still get denied, you have exhausted your appeal options. This doesn’t mean that it’s the end of the road for you and SSDI, as you can always reapply, but before you do, make sure that you should.
When Should You Reapply for SSDI?
There are two scenarios in which you should reapply for SSDI. The first is that you simply missed your appeal deadline. You will have to start the process over again, and you will likely get denied again at the first stage unless you have significant new medical evidence to provide.
The other scenario is when your medical condition has declined. Remember, the Social Security Administration was not judging your future ability to work, but rather your current ability and whether that ability will improve in the next 12 months. If that ability declines, and you have new medical evidence to support that, then you should reapply.
When Should a Lawyer Get Involved in Your SSDI Case?
The answer to this is simple. You want to get a lawyer involved as soon as possible, and you specifically want a lawyer that is experienced in SSDI cases. As you explore the legal landscape, you may notice that most law practices specialize in one or a few things. This is because navigating even one practice of law requires a lot of expertise. A criminal justice lawyer isn’t going to have any idea what to do with your SSDI case.
Lucky for you, one of Tabak Law’s specialties is SSDI. Get us involved in your SSDI case as soon as possible. People who seek an SSDI attorney during their application process are nearly three times as likely to be granted SSDI benefits. You can fill out the form below to get started today!
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