Denied SSDI? How to Prepare for a Successful Appeal Hearing

Getting a Social Security Disability denial is more common than most people think. An average of 65% of claims get rejected in the first instance. That number might overwhelm many applicants, but you shouldn’t feel discouraged. If facing denial, the game is far from over; you still have one crucial move to make: to appeal. 

Claimants who receive a denial have the right to initiate an appeal for a judge to reconsider their case. 

If a disability benefits claim is challenging, an appeal hearing in front of an administrative judge is no walk in the park. 

Today, disability law attorneys from Pinyerd Law shared some tips they give their clients when preparing for an appeal hearing. In this article, you will learn what happens after a disability claim gets denied and the best way to move forward and secure your benefits. 

Why Did My SSDI or SSI Get Denied?

Before you start working on your case appeal, you must understand the reason why your disability claim was denied in the first place. 

The Social Security Administration (SSA) will send you a letter detailing the motives why they didn’t approve your claim. Learning more about why the SSA doesn’t consider you eligible for disability benefits will help you enhance your case and improve your chances of winning at a hearing. 

These are the most common reasons why claimants face denial in the initial instance: 

• Lack of medical evidence.
• You didn’t correctly submit or complete the application.
• Wrongful information.
• You have a full-time job or too many earnings/assets.
• Failure to cooperate.
• You didn’t follow the medical treatment. 

Social Security Disability Benefits Denial: Next Steps

Suppose you just received the SSA letter confirming your claim was denied and detailing the reasons why; what should you do next? After getting a rejection at the initial instance, this is how you can continue the process and fight for your benefits:

Reconsideration

If you think you have a valid and solid case and your claim was wrongfully denied, you can start the first level of appeal: a reconsideration. 

At a reconsideration, a member of the SSA who didn’t participate in the first decision will take a look at your claim. You must file for reconsideration within 60 days before receiving your denial letter. 

Appeal Hearing

If your claim is denied again at the reconsideration phase, the game is not over yet; your next move should be to request an appeal hearing in front of an administrative judge. 

This third step of a disability benefits claim takes place via phone, videoconference, or in person. The purpose of an appeal hearing is for you to tell your story and for the judge to determine how disabled you are. 

The administrative judge will ask you to present your case, provide more evidence, and might ask you questions about your disability. You are allowed to bring witnesses to back up your claim, such as your physician or other medical professional. 

Appeals Council Review

The Social Security Appeals Council is the final level for SSDI and SSI disability claims. In case you disagree with the decision made by the administrative judge, you can request the Appeals Council to take a closer look at the decision. 

The Appeals Council generally bases its decision on the written records from your appeal hearing and the medical evidence from your claim. 

Hire a Lawyer 

When reaching this instance of a disability benefits claim, you might consider hiring a lawyer if you haven’t already. A disability claim is already an intricate process; a hearing before a judge can add stress to the mix, making the process more overwhelming. 

You don’t legally require an attorney to represent you at the hearing. However, applicants with lawyers have a 3 times higher chance of winning their cases. 

4 Tips to Prepare a Successful SSDI Appeal Hearing

Sadly, even if you have a qualifying disability, a large number of applicants face rejection in their initial claim. If this is your case, the fight is far from over; you must prepare to defend your claim at an appeal hearing.

These are 4 tips you can apply to ensure a successful disability appeal hearing: 

• Review the Medical Evidence: Medical proof is the foundation of a winning Social Security disability benefits case. Check you have enough proof – medical history records, diagnostic tests, treatments, medications, etc. – and all the evidence is presented in a compelling narrative showcasing your health condition’s severity. 

• Get A Physician’s Testimony: You can bring witnesses and medical professionals to testify about your disability. For example, your coworkers can testify about how your impairment prevents you from performing your regular job duties. 

• Prepare Notes: A smart idea is to practice responses to typically asked questions at appeal hearings. You are allowed to bring notes to help you answer questions without having to memorize every aspect of your case. Go prepared to answer questions about your disability, current or past jobs, earnings, and personal information. 

• Speak With an Attorney: Disability attorneys are legal professionals who specialize in disability cases. Due to their training and experience, they know how to navigate even the most intricate disability claims. Most disability attorneys perform on a contingency fee basis, meaning they will only charge you if you win your case. 

• Remain Calm and Respectful: We understand that fighting disability benefits can be frustrating. However, staying calm and respectful at all times is crucial to guaranteeing a successful case. Disrespecting the person reviewing your case or any Social Security employee will only lead to a negative outcome. If you feel you are about to lose your temper or get upset, take a deep breath and calm yourself before proceeding. 

Final Thoughts 

Winning Social Security disability benefits after an initial denial is possible. Take a few days to review and enhance your case and request a reconsideration or an appeal hearing. By staying focused on your goal and applying the tips from this guide, you’ll be one step closer to securing the benefits you deserve.