SSDI denial what do I do to win my case?It is not unusual for the Social Security Administration (SSA) to deny a disability case. In fact, reports indicate your chances of receiving a denial the first time you apply for Social Security Disability Insurance or Supplemental Security Income benefits could be as high as 70%. So what do you do when you receive a SSI or SSDI denial? You have three options.
What are my options after a SSI or SSDI denial?
If you have received an SSI or SSDI denial, you have three choices: apply again with a new application, file an appeal and challenge the SSDI denial, or go back to work. The choice you should make will depend on why you were denied and whether or not you have a strong SSDI or SSI case.
But before you make your decision, the first step is to review your SSI or SSDI denial. There are many claimants who apply for benefits who do not meet the most basic non-medical requirements. For SSDI this means they do not have a condition which will last 12 continuous months, they are working and making too much money when they apply for benefits, their condition is not severe, or they do not have enough work credits to qualify for SSDI benefits.
SSI applicants may be denied benefits for different or similar reasons: their income and resources are too high, they are working too much, they are making too much money, or their condition will not last 12 continuous months.
If you cannot meet the nonmedical requirement for SSDI or SSI it does not matter how severe your condition currently is, you will continue to be denied benefits. There is no reason to apply again and again.
Now, with that said, there are some denials which can be overcome. For instance, if you applied months ago and you were working but you have now stopped working due to the severity of your condition, it can make sense to file a new claim or appeal your SSDI denial. Additionally, if you have a severe condition but simply lacked medical evidence to prove it was severe, it may be time to get additional medical information and resubmit your new claim or appeal the denial with the updated medical information.
Should I appeal SSDI denial or file a new disability claim?
If you received the SSDI or SSI denial more than 60 days ago and you did not file your appeal, unless you had a very good reason, you will have to file a new case. Unfortunately, filing a new case starts the clock ticking again when it comes to calculating your potential back pay benefits, but it does allow you the opportunity to make sure your application is as thorough as possible before submitting it to the SSA.
Because good medical records are key to winning your SSDI or SSI case, if you have to file a new claim this also allows you a chance to review your medical records and ensure they contain evidence that you are severely impaired, you lack the ability to work, and your condition will last at least 12 continuous months.
If you just received your SSDI denial and you are sure you cannot return to work, its time to file your appeal. The first step in the appeals process is the reconsideration, talk to a lawyer for information about how to file your appeal or visit www.ssa.gov.