If you are denied social security disability benefits, you don’t have to give up and just accept that you will not be receiving the payments you are owed.
Instead, it is essential to know your legal options.
Appeal the SSDI Decision
You have the right to appeal the decision on your SSDI benefits. Within 60 days of the initial decision, you must file a Request for Reconsideration to have your file reviewed by another examiner at the Social Security office. If you have undergone more treatment since your initial ruling, or have more medical documents to provide, you may submit these files during the Reconsideration phase.
It’s important to understand that filing a Request for Reconsideration on your own will likely result in another denial – unless you have since had another surgery or there has been a major development in your condition. To ensure you are presenting the best case possible, it’s essential to work with an SSDI lawyer to ensure your paperwork is correct and you are providing the best evidence possible to prove your case and the extent of your disabilities.
Request an SSDI Hearing
If your appeal is denied, you and your attorney can request a hearing before an Administrative Law Judge. It is highly recommended to have an SSDI lawyer by your side during the hearing and throughout the court process to ensure you are adequately represented and are fully aware of the ins and outs of the legal system and your rights surrounding SSDI benefits.
An in-person hearing can take a long time to schedule – even over a year in some cases.
Instead of an in-person hearing, you might be offered a telephone or video hearing. It’s important to understand the parameters of these hearings to ensure you know if your attorney is allowed to be in the room with you or if you need to call in from different locations. It’s also crucial to discuss the options with your attorney, as there can be some disadvantages to not appearing in person.
For one, it prevents the judge from seeing your physical state in the courtroom – whether it’s a condition that’s preventing you from walking, or you have physical swelling or signs of illness that could help your case if a judge were to see you in person.
Because of this, it may be beneficial to request an in-person hearing, even if it is a long wait.
Reapply for SSDI Benefits
You also can accept the Social Security office’s denial of your claim and opt to reapply for benefits. There are some disadvantages to doing this, though. For one, you cannot claim retroactive benefits for the time between the onset of your disability and the date you were awarded benefits. You also cannot use the time towards when your Medicare benefits kick in.
Why You Need an SSDI Attorney
If your SSDI benefits have been denied, it’s essential to hire an attorney to help you sort through your options and navigate the process. You need someone who is experienced with Social Security benefits to help you determine what it will take to win your case, and help you set expectations.
Contact an Attorney
If you were denied SSDI benefits and you have a condition that should qualify, it’s essential to get an Oklahoma City attorney on your side to help you get the benefits you are owed. It’s crucial to hire an experienced attorney to help you through the process. Our experts can help you determine the best way to preserve your credit and increase your credit score as soon as possible. Don’t let debt ruin your life. Call (405) 529-9377 for a free case review.