Legal Guidance for Winning an Appeal After SSDI Claim Denial

Rejected social security disability claim

The reasons why a person might require the services of Social Security attorneys Chicago are widespread but in many cases, someone working in the legal sector will be called upon to assist with the appeals process. When a case for Social Security Disability Insurance (SSDI) is dismissed, some claimants will reapply. However, the best alternative move to make in this case is to appeal. In fact, appealing could boost the chances of winning a claim and subsequently, being awarded those all-important benefits.

In December 2016, 17.4% of Social Security benefits were being claimed by the disabled. [i] Having a severe impairment does not guarantee acceptance for people who apply for SSDI benefits, however, since the final decision is swayed by their overall ability to engage in “substantial gainful activity” (“SGA”). Anyone who is denied benefits has the right to question the decision made on their claim.

Contributing Factors for SSDI Denial

The Social Security Administration (SSA) carries out an appeals operation following every application. Whatever decision is made by the SSA will be considered carefully. Before the decision can be reconsidered, the SSA will ask the claimant to clarify claim information and in most cases, additional evidence will be requested.

The reasons why someone will likely be exempt from application approval, include:

  • Having an impairment that is not treated as “severe”
  • Being capable of carrying out work-related tasks
  • Dealing with an impairment as the aftermath of drug addiction
  • Failing to cooperate with therapy and/or treatment
  • Providing insufficient medical evidence
  • Receiving other sources of income
  • Illegal activity/criminal convictions/imprisonment

Hiring an Attorney for Help with SSDI Refusal

An initial rejection is not a burden one should fret too much about. The sooner a claim is appealed, the better. Social Security attorneys Chicago are trained to deal with denial and provide clients with the best possible chances of qualifying for SSDI. Once an attorney is appointed to act for the claimant following SSDI refusal, he or she will be named a “representative”.

The SSA allows four levels of appeal, which are as follows:

  1. Reconsideration
  2. Administrative law judge hearing
  3. Federal Court review
  4. Appeals Council review

A listed impairment must last for 12 months (or more), or cause eventual death for a claimant to avoid SSDI refusal completely. While there are alternative programs designed to aid the disabled, hiring Social Security attorneys Chicago who can help appeal rejections will improve the outcome of an SSDI applicant’s case considerably.