Receiving a notice that your Social Security disability claim has been denied can be distressing. It’s helpful to remember that you aren’t alone. The Social Security Administration denies most first-time applications. You have the right to appeal the denial of their claim. It’s important that you avoid making one or more of the common mistakes when appealing a disability denial. Speak with an experienced social security appeal lawyer today.
Discuss Your Case with a Social Security Appeal Attorney
If you’ve already applied for benefits and were denied, you have the chance to appeal. Reach out to the experienced Social Security disability attorneys at Disability Advocates Group today to schedule your free case evaluation. We will answer your questions during your complimentary initial consultation and help you understand your legal rights.
1. Filing Another Social Security Appeal for Benefits
Sometimes claimants don’t understand the appeals process, so they decide to file a new disability claim rather than appeal their initial claim. In many cases, a claimant will make the same error that resulted in the Social Security Administration denying their initial claim. Continuing to submit new applications for benefits that have the same mistakes won’t work in your favor.
Social Security staff members keep all the contents of each applicant’s initial application on file. Filing multiple claims won’t override or erase the errors within the first application. For example, suppose the Social Security Administration denied your claim because you didn’t include a type of medical documentation.
If your claim is denied and you submit a new claim, but it doesn’t include the requested information, your new claim will be denied for the same reason. Filing a correct appeal that addresses the issues that resulted in the denial is the best strategy for increasing the chances of a successful claim.
2. Failure to Address Why The Claim Was Denied
One of the most common mistakes people make when appealing a denial of their claim involves failure to address why the claim was denied. Failure to fill out the application properly can result in a denial of your claim. Filling out an application is challenging, and if you include inaccurate or incorrect information, your claim can be denied. In other cases, a person will make a contradictory statement or include information that isn’t consistent.
When you appeal the denial of your claim, it’s crucial that you fix the problem that resulted in your claim being denied in the first place. If there is inaccurate information in your application, one of the attorneys at the Disability Advocates Group can help you gather accurate information. We can also review your application and change any errors or mistakes within it. If there is illegible handwriting, we will help you fix that portion of your application.
Another common mistake is to fail to include missing information when you appeal the denial of your claim. Working with an experienced attorney will help you gather the evidence you need to testify in front of an administrative law judge and submit all of the proper documentation in a timely manner.
3. Not Following Through with Medical Treatment
In order to become eligible for Social Security benefits, you will need to show that your medical condition substantially impairs your ability to work. Doing so requires medical evidence and documentation about the severity of your condition and how it impacts your day-to-day life. One of the common mistakes people make when appealing their disability denial is to skip the medical treatment that creates the evidence they need to prove their claim.
In Social Security disability claims, most of the evidence claimants submit comes from going to the doctor and receiving medical treatment. When a person has a serious health problem, he or she needs more frequent medical care. The more you go to the doctor, physical therapist, occupational therapist, or other healthcare providers and receive treatment, the more proof you will have regarding your medical condition.
If you neglect going to scheduled appointments and following through on referrals, the Social Security Administration may continue to think that you do not need Social Security benefits when you appeal. For your appeal to succeed, you’ll need to show the claims examiner that you are doing everything within your ability to manage your medical issues, but that your condition still makes it impossible for you to work.
4. Earning Too Much Income Through Working
While waiting for their claim to be reviewed, some claimants will decide to work and earn income so they can pay their bills. Doing so is understandable, but it could result in a denial of your appeal. If you submit an appeal but you are still working and earning enough money to be considered a substantial income by the Social Security Administration, you will be ineligible for benefits.
When appealing a disability denial, you may be facing a long wait for the benefits you deserve. Working can help you stay afloat. Unfortunately, you will need to be careful that you don’t work so much that you make yourself ineligible. If you have questions about how much you can work while preserving your appeal, we recommend contacting Disability Advocates Group to discuss your case.
5. Missing the Deadline
Missing the deadline to appeal is a common mistake people make when appealing disability denials. You’ve received your letter stating that your claim has been denied. You’re discouraged, but you intend to appeal. You put the letter to the side and forget about it. When you file your appeal, you realize that you’ve missed the deadline. This scenario is far too common. If your claim has been denied, don’t make the mistake of waiting too long to file your appeal.
The first step in the appeals process is the request for reconsideration. You’ll need to file this request within 60 days of receiving the notice that your claim has been denied. If you miss the deadline, you will have to start the application process again.
Reach Out to a Social Security Appeal Attorney Today
Has the Social Security Administration denied your claim? You aren’t alone. At Disability Advocates Group, We have helped many Los Angeles area residents successfully appeal their Social Security claims. There are strict deadlines for appealing claim denials, so don’t delay. We will help you avoid making common mistakes when appealing a disability denial. Contact us today to schedule your free case evaluation.
