It is difficult to suffer disability and not have the ability to work. Receiving a notice from Social Security that your SSDI claim was denied may compound the feeling of disappointment. However, you do not need to give up. You may have the opportunity to appeal your claim denial. At Lovins Trosclair PLLC, we are here to serve your interests in Austin, Dallas, and beyond, helping you obtain the SSDI benefits you deserve.
Do Not Be Surprised if Your Initial SSDI Claim is Denied
Many first-time claimants have their SSDI applications denied. You have a few options available if you received an SSDI denial notice. You can decide to stop pursuing your SSDI claim, start a brand-new claim, or appeal your initial claim to the next level in the process.
There are basically four levels of appeal you can pursue as they become necessary. They are as follows:
1. Request for Reconsideration
The two ways you can appeal are:
- If medical reasons were the cause of your claim denial, file Form SSA- 561, Request for Reconsideration. There are two other forms you may need to file as well. These are:
- Form SSA-3441, A Disability Report – Appeal
- Form SSA-827, Authorization to Disclose Information to the Social Security Administration (SSA)
- If non-medical reasons were the cause of your claim denial, only file Form SSA-561 to begin your appeal
After your claim is reviewed, it will either be approved or rejected once again.
2. Administrative Law Judge Hearing
The second step in the appeal process is to request an administrative law judge on your claim. At this stage, your chances of approval increase, particularly if you have an attorney that assist you.
3. Appeals Council
At this third stage, you can request a review of your claim by the Appeals Council. In certain cases, the Council will simply dismiss the claim without granting a formal review. Many times, however, the Council will conduct a review of the claim and issue a decision. Most of these appeals are dismissed or denied unless you can clearly identify an error made by the administrative law judge. However, even if denied here, you still have recourse left.
4. Federal Court
Provided that you and your attorney are confident you have a solid claim, you can file a lawsuit in the U.S. District Court to ask a federal judge to review and grant your claim. Often, the judge will deny such a request. However, in some cases the judge will send the claim back to the SSA for review.
Need Help With Your SSDI Claim?
At Lovins Trosclair PLLC, we are here to help you access the Social Security Disability benefits you are owed under the law. If your claim has been denied, we can provide you with strong and intelligent representation to fight for the benefits you deserve. Give our team a call today in Dallas at 512.535.1649, or in Austin at 214.305.6700, or, send us a message through our contact form to set up a free consultation.