Social Security disability cases can be denied for several reasons. If the Social Security Administration (SSA) denies your claim, it may be because you did not earn enough work credits to qualify, do not qualify under an exception, or your medical condition is not considered disabling. However, an SSDI claim can be improperly denied for an injured worker because of clerical errors or the SSA employee made a mistake.
Can My Denied Disability Claim Be Reconsidered?
In general, you have 60 days to file a reconsideration if your claim is denied. The SSA should provide a specific reason for the denial. This can provide the information necessary to file a reconsideration. A Social Security disability lawyer can help you gather evidence in support of your claim, get a qualifying medical diagnosis, and file your reconsideration. If the reconsideration is also denied, you can request a hearing before an Administrative Law Judge (ALJ).
What Will Happen At My Social Security Disability Hearing?
You or your disability attorney can request a Social Security disability hearing before an Administrative Law Judge (ALJ). An appeal has to be requested within 60 days after you receive notice of the SSA decision. If your appeal is filed too late, your claim may be dismissed. Claimants have the right to legal representation during the hearing. The hearing may be in-person or through video teleconference.
Your Social Security disability lawyer can submit any additional evidence to the judge before the hearing. During the hearing, the judge may question the applicant, and ask to hear from witnesses and the applicant's doctors. You and your lawyer may also be able to question any witnesses and submit additional evidence. After the hearing, the judge will provide a written decision regarding your claim.