Submitting a Social Security Disability Insurance (SSDI) claim can be stressful, the waiting more so, and getting a denial letter in the mail can feel like the end of the world. This will leave you wondering what to do when your disability claim is denied. Should you file a new claim? Is there legal recourse? Can you get an attorney involved? You are likely stressed wondering how you can afford the denial you just received. Rest assured, many people have been where you are, but are now enjoying the SSDI benefits they deserve.
Should You File a New Claim When Your SSDI is Denied?
If you want to see a quick denial of a Social Security Disability claim you could file a whole new claim after you get denied, but that will do nothing but waste your time. The SSA requires disability claims to be reconsidered or appealed. This keeps an ongoing record. If you received a denial letter, do not despair. Initial denials are common, and this is often when a lawyer can step in to be of assistance.
What Steps Should You Take When You Are Denied for SSDI?
To begin with, this is the perfect time to get an attorney involved. With legal experience on your side, especially in the field of Social Security Disability Insurance, it will be easier to go through the reconsideration and appeals process. There are additional things you can do that an attorney might even recommend to improve your chances of being approved.
- New medical evidence: If your condition has worsened since your initial filing, or even if new evidence has come to light in a medical capacity, you can provide evidence of that to the SSA. The paperwork can be a burden, but again, that’s where an attorney can help you.
- Residual Functional Capacity form: You can have your doctor or even doctors fill out a Residual Functional Capacity (RFC) form. Even if your doctors have already submitted such a form they can submit a revised form if there are new or worsening medical issues.
- Additional doctor testimonials: In addition to RFC forms, a doctor can provide an official testimonial with a thorough explanation of your medical condition and why it would prevent you from obtaining meaningful work.
Common Reasons for SSDI Denial
There are several common reasons for an SSDI denial. Some of them may be insurmountable. Others will provide you with a fighting chance.
- Your income: There are limits to how much money you can make while on SSDI
- Repeat claim: If you filed a new claim after your denial as we mentioned before, it will get swiftly denied.
- Change of address: You are certainly allowed to move while filing a claim, but you must notify the Social Security Administration (SSA) when you do.
- Failure to provide records: The SSA will request your medical records. If you refuse their request, they will likely come back with a denial.
- Ability to work: A big part of this whole process is that you should be proving that you can no longer work. If the SSA thinks that you still can work, more medical evidence may be necessary.
- Future ability to work: Another major part of your SSDI claim is whether or not your condition is expected to improve. Here again, you may need to provide additional medical evidence to prove that you will not be able to work for at least 12 months.
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