FAQs About Denied Disability Claim Appeals

  • What should I do if my disability claim is denied?
    • If your claim is denied, you can appeal the decision. Review the denial letter to understand the reasons and file a formal appeal within the timeframe specified by the Social Security Administration (SSA).
  • How long do I have to appeal a denied disability claim?
    • You typically have 60 days from the date you receive your denial letter to file an appeal.
  • What are the steps in the disability appeals process?
    • The appeals process includes four levels: reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and filing a federal court case if necessary.
  • What is reconsideration in the disability appeals process?
    • Reconsideration is the first level of appeal where a new SSA representative reviews your case. You can submit additional evidence to support your claim during this stage.
  • What happens at a disability hearing?
    • At the hearing stage, you present your case before an administrative law judge. You may provide testimony, call witnesses, and submit additional medical evidence to support your claim.
  • Can I reapply for disability benefits instead of appealing?
    • You can reapply, but itโ€™s often better to appeal. Filing an appeal allows you to preserve your original filing date, which could result in more backpay if your claim is eventually approved.
  • How can a lawyer help with a denied disability claim?
    • A lawyer can analyze the reasons for the denial, gather necessary evidence, prepare you for hearings, and represent you at all stages of the appeals process.
  • What are common reasons disability claims are denied?
    • Claims are often denied due to insufficient medical evidence, failure to meet deadlines, lack of cooperation with SSA requests, or earning above the substantial gainful activity (SGA) limit.
  • How long does it take to resolve a disability appeal?
    • The timeframe varies, but reconsideration typically takes 3-5 months, and a hearing can take up to a year or more depending on case complexity and backlog.
  • Can I submit new medical evidence during the appeals process?
    • Yes, you can and should submit new or updated medical evidence that supports your disability claim during the appeals process.
  • What are my chances of winning a disability appeal?
    • Success rates improve at the hearing level, especially with legal representation. Having an experienced lawyer can significantly increase your chances of approval.
  • Can I work while appealing a denied disability claim?
    • You may work while appealing, but your earnings must remain below the SGA limit to avoid affecting your claim.
  • How can Krasno, Krasno & Onwudinjo help with my disability appeal?
    • Our experienced attorneys specialize in Social Security Disability appeals. Weโ€™ll guide you through every step, handle complex paperwork, gather evidence, and advocate for your rights to ensure you get the benefits you deserve.
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