If your claim for Social Security Disability Insurance (SSDI) benefits was denied, don’t get discouraged. It’s not unusual for an SSDI claim to be rejected by the Social Security Administration (SSA). Fortunately, the law allows you to appeal the SSA’s decision.
A lot of times, the problem will be that you simply failed to provide the SSA with the evidence they needed to make a decision in your case. If you’re unsure as to what evidence you were lacking, it would be a good idea to consult with an SSDI benefits attorney about your claim. They’ll be able to spot the mistakes and omissions you made in your original claim and tell you what evidence you’ll need for a successful appeal.
The law offices of Houston disability benefits attorney M Stanley Whitehead have helped clients across the nation obtain the disability benefits they deserve. If your claim for disability benefits from the SSA, VA, or a private insurance company has been denied, contact M Stanley Whitehead as soon as possible. You only have 60 days in which to file an appeal with the SSA.
You don’t need a lawyer to file an appeal. However, applicants who hire a disability attorney to represent their claim experience a much higher success rate than those who don’t.
What If the SSA Denies My Appeal?
In some instances, a claim may be denied a second time. You have two choices: appeal the second denial or file a new application. There is no limit to how many times you can apply for SSDI benefits.
Which path is right for you? It may seem easier just to file a second claim. Hopefully, you’ll know what information was missing the first time around and filled in all the blanks for the SSA. However, there are benefits to appealing the second decision to deny disability benefits.
The date of your first application for benefits is what is known as your “protective filing date.” If your claim is approved on appeal, you’ll receive back pay for the benefits you didn’t receive while you were appealing your case (for SSDI claims, you could qualify for benefits up to 12 months before this date). If you file a new claim, you won’t receive any of these back benefits.
Filing a Second Appeal for SSDI Benefits
If you decide the SSA were incorrect in their second decision to deny your claim, you can appeal this decision by requesting that an Administrative Law Judge (ALJ) hear your case.
At the ALJ hearing, you’ll have a chance to submit new evidence, call expert witnesses to testify on your behalf, and cross-examine the experts who made the original recommendations to deny your claim. If the ALJ upholds the original decision of denial of benefits, there are two more steps in the appeals process: an Appeals Council Review, followed by an appeal hearing in Federal Court.
Contact Board Certified Social Security Disability Benefits Attorney M. Stanley Whitehead About Your SSDI Claim
Filing a claim for disability benefits from the SSA can be a challenge when you aren’t familiar with the process. Don’t make mistakes that could delay your badly needed benefits. Contact an experienced disability attorney today to discuss your claim. Their guidance will help you get approved for the benefits you deserve with as few delays as possible.
If your claim for SSDI benefits has been denied, it’s important to take steps to protect your rights. M Stanley Whitehead is a Houston, TX board-certified Social Security benefits attorney who has represented clients at all phases of the SSA disability claims process. Don’t delay! You’ll lose valuable back payments if you have to file a new claim. Contact the law offices of M. Stanley Whitehead online or call us at 713-993-7311 to schedule a free, no-obligation initial consultation to discuss your case.
