SSDI Denial what next?If you have received an SSDI denial you are not alone. An estimated 70% of first time applicants are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
There are several reasons you could have been denied. For instance, the Social Security Administration (SSA) may have determined you were working too many hours when you applied, you may not have enough work credits for SSDI benefits, or you may not have a condition which is expected to last 12 continuous months.
To find out more information about your SSDI denial you need to review your SSDI denial letter. If after reviewing the letter you believe you still have a strong case you will have 60 days from the date of the denial letter to file a formal appeal. The first step in the appeals process is called a reconsideration.
What is a reconsideration and can I beat my SSDI denial?
If you have received an SSDI denial and decide to file a reconsideration this process will allow the SSA to take another look at your case. Unfortunately, reconsiderations are denied at even a higher rate than the first SSDI applications. In fact, up to 80% of reconsiderations are denied a second time.
The reconsideration has simply allowed your SSDI application to be sent to a second examiner who reviews the information again a second time. Because all SSDI examiners follow the same procedures, unless you have submitted additional information about your case, you are likely to receive a second denial.
If you have received a second SSDI denial and have decided to appeal and request an administrative hearing, its time to hire a lawyer.
Hiring a lawyer and going to my administrative hearing
The good news is the SSDI hearing will be the best chance to win your SSDI case. The bad news is you may have to wait up to two years to have your SSDI hearing scheduled. The wait, however, will give you plenty of time to develop a strong SSDI case.
While you wait for your hearing you will need to gather additional evidence to prove your condition is severe, it will last 12 continuous months, and you do not have the functional capacity to work any other job. Consider, however, if you are able to perform work which the SSA considers substantial during this waiting period the SSA is likely to conclude you are not disabled.
When should I not appeal my SSDI denial?
If you decide not to appeal your SSDI denial within the 60 day time frame but later decide to reopen your case, you will have to start over at the very beginning with a new Social Security Disability or SSI application.
Keep in mind, you will have the best chance of winning a SSDI claim if you appeal your SSDI denial and get more information to support your case. Filing over and over again will not help; you will simply continue to receive multiple SSDI denials.