There’s no need to panic if your disability claim gets denied the first time you apply. It happens to many different people for many different reasons that are usually beyond their control – it’s not something that should keep you from trying to get what you deserve.
Here we’ll discuss the topic in detail to help you get your claim approved as soon as possible.
So, without any further ado, let’s get right to the bottom of it!
Find the missing documentation
One of the main reasons people get their disability claims denied is due to insufficient paperwork. As trivial as it may sound, failing to prove your disability may cause the Social Security Administration to deny you the rights to disability benefits. If you don’t have enough proof, you probably won’t be able to get approved even if you reapply.
Make sure you provide every single piece of evidence that proves your disability to the SSA. If you’ve been denied already, consult with a legal professional to help you prepare the necessary documentation this time around.
Either way, if you’ve failed to provide sufficient evidence in your claim, you’re not going to get approved. You’ll need to find everything that’s „missing“ to ensure you’re prepared for the steps that follow. We advise you to do this together with an experienced legal professional who knows what needs to be done in terms of the necessary paperwork.
As soon as you prepare the required documents, you’ll be able to either reapply or make an appeal – the choice is up to you and your lawyer.
Many people think they should try to get their SSDI approved without the help of a lawyer – while it’s possible, it’s certainly not the easiest way to go about it. Hiring an attorney may seem like too big of an expense, but it’s actually crucial to your success. The SSA has strict requirements that need to be perfectly fulfilled in order for you to get your disability benefits, which is something only a trained professional can help you with.
Having a lawyer by your side during your dealings with the SSA is not required by law, but it’s certainly the recommended course of action. You have a right to having legal representation in these cases, so make sure you use it wisely. As noted by disability lawyers in Toronto found at disabilitylawyertoronto.ca, having a legal professional who specializes in these types of cases can help you get approved much more quickly.
It’s certainly an investment worth making, especially if you’ve already been denied once. Make sure you choose your attorney as carefully as you can – research is your best friend here. Besides that, don’t forget to listen to your chosen attorney’s advice, as it could help you win your claim much faster than you’ve anticipated.
Reapplying for benefits
Reapplying for benefits is one of the ways you can get your SSDI approved after you’ve been denied the first time you applied. It’s essentially „restarting“ the entire process right from the start. It can be a bit lengthy, and „winning“ your claim is not guaranteed. However, it’s still a good option for those who’ve made simple errors during the application stage.
These most commonly include filing the wrong documents, making mistakes on the application itself, or missing a phone call from the SSA. If your attorney is certain you’ll get it approved once these errors are fixed, reapplying for benefits is a perfectly viable option for you.
Remember that you won’t be able to enjoy the benefits retroactively. Everything that would have been yours between the periods of your application and reapplication will be lost – you’d be starting anew.
Of course, additional documents and paperwork that you’re planning on providing on your „second try“ will be accepted and considered. If you choose to go this route, make sure you’ve prepared everything that’s necessary for your reapplication. Again, the best person to help you prepare properly is your lawyer.
Filing an appeal
The most common (and probably the most effective) solution when you’ve gotten your SSDI denied lies in the power of timely appeals. If you feel like your application has been rejected unjustly or unfairly, do not hesitate to appeal the decision as fast as you can. You’ll have a 60-day deadline to craft and submit an appeal, so remember to get your attorneys involved as early in the process as you can afford.
Most lawyers will recommend this solution due to its effectiveness and reliability – reapplying should be kept as a last resort (except for a very few cases and scenarios). The first step towards filing an appeal is submitting a Request for Consideration.
After that, you’ll get someone assigned to you in order to track how your body reacts to the treatment itself. Rarely anyone gets approved at this stage of reapplying, but it’s still not something that’s entirely impossible to do.
If you get denied even after a different medical professional has evaluated your health, there’s still no need to panic. You’ll have your chance to improve your application in a face-to-face hearing in front of the Administrative Law Judges.
Do absolutely nothing
The last thing you can do is simply give up. It’s something we strongly advise against, as your attornies can certainly help you turn the tide in your favor.
Even if you decide not to pursue SSDI anymore, knowing why you’ve been denied is of the utmost importance. Do your research and don’t leave anything to chance.
The bottom line
Only around 20% of people get their SSDI approved the first time they apply. It’s not something that’s easily attainable, especially if you’re going at it without legal representation. We wholeheartedly advise you to hire a lawyer no matter what your current circumstances are – it will help you get through the entire process easily and quickly.
We hope you’ve found our article to be useful and we wish you the best of luck in all your future endeavors.