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If Your Case Is Denied
Founded in 1990, Health Advocates and Leibovic Law Group have assisted hundreds of thousands of mentally and/or physically disabled claimants win their Medi-Cal and SSI/SSDI claims.
As one of the nation’s largest and most successful disability companies, we employ highly-trained bi-lingual advocates and, through our affiliations with Leibovic Law Group, we have a highly experienced team of social security and veteran’s disability attorneys on hand to assist in winning your case.
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FREE DISABILITY EVALUATION FORM:
Steps to Consider When a Disability Claim is Denied
If your disability claim is denied, there are several steps you can take as part of the appeals process.
Here’s what you can expect:
1. Review the Denial Letter: Carefully review the denial letter from the Social Security Administration
(SSA). It will explain the reasons for the denial and provide information on how to appeal the decision.
2. Request a Reconsideration: The first step in the appeals process is to request a reconsideration. This
involves asking the SSA to review your claim again. You typically have 60 days from the date of the
denial letter to request reconsideration.
3. Submit Additional Evidence: Along with your request for reconsideration, you can submit additional
medical evidence or other documentation that supports your disability claim. This could include new
medical records, test results, or statements from healthcare providers.
4. Reconsideration Decision: The SSA will review your claim again during the reconsideration process. If
your claim is approved at this stage, you will start receiving benefits. However, if it is still denied, you
can proceed to the next level of appeal.
5. Request a Hearing: If your claim is denied upon reconsideration, you can request a hearing before an
administrative law judge (ALJ). This is an opportunity to present your case in person, with the support of
legal representation if desired.
6. Prepare for the Hearing: Prior to the hearing, you and your representative (if applicable) will gather
and submit additional evidence, such as updated medical records, witness statements, and any other
relevant information that strengthens your case.
7. Hearing Process: At the hearing, the ALJ will ask questions about your disability, work history, and
daily activities. Witnesses, such as medical experts or vocational experts, may also provide testimony.
It’s essential to be honest, thorough, and prepared during the hearing.
8. ALJ Decision: After the hearing, the ALJ will issue a written decision, either approving or denying your
disability claim. If approved, you will start receiving benefits. If denied, you can appeal further.
9. Appeals Council Review: If the ALJ denies your claim, you can request a review by the Social Security
Appeals Council. The council may affirm the decision, remand the case for further review, or overturn
the decision and approve your claim.
10. Federal Court Review: If you disagree with the Appeals Council’s decision, you can file a lawsuit in
federal court. This is the final step in the appeals process.
Throughout the appeals process, it’s crucial to meet deadlines, provide accurate information, and gather
strong evidence to support your disability claim. Consider seeking assistance from a disability advocate
or attorney who can guide you through the process and represent your interests effectively.
Contact Us at (866) 413-0316 to Get Started Today!
Frequently Discussed Disability Issues
WHAT ARE THE BENEFITS?
SSI and SSDI are disability benefit programs run by Social Security Administration (SSA). Both programs pay monthly cash benefits to people with disabilities that will last twelve (12) months and who cannot maintain substantial and gainful employment. To get SSI and SSDI benefits, you must be disabled under SSA rules.
DO I NEED AN ATTORNEY?
Research shows that a large majority of SSI/SSDI cases are denied upon application and require additional appeals and/or a hearing. Although the informality of the hearings makes it possible for some claimants to represent themselves, statistics have shown that people represented by attorneys have been successful more often than people without attorney representation. Whether you hire an attorney is entirely up to you, but you are significantly increasing your odds of being approved for benefits if you hire the right attorney to assist you.
WHAT CAN I DO TO HELP?
It is important for you to develop your case as accurately and completely as possible. These are some of the areas that SSA will take into accounts as you are reviewed for disability benefits. Being as thorough as possible on the areas below is critical for strengthening your case:
- Medical Condition(s)
- Medical History
- Medical Records
- Physical Abilities
- Education and Training
- Past Relevant Work Experience
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