What If You Have Been Denied?

Only about one-third of Social Security disability claims are approved at the initial level. Look at the denial notice you receive from Social Security cautiously -- it will let you know what you should do. Generally, here are the next steps to take:

1) File an appeal straight away!

If you're denied benefits at the initial level, you will want to appeal at the earliest opportunity (within two months of the date on the denial notice). In many states, you do this by filing a particular form referred to as a Request for Reconsideration. (Some states have no Reconsideration phase. In these states, you have to file a Request for Hearing prior to an Administrative Law Judge.)

2) Request a hearing before an Administrative Law Judge (ALJ)

In the Reconsideration period, your claim will be evaluated another time. If you are denied at this phase, you should file a request for an ALJ hearing.

3) Request review by the Appeals Council

If your claim is denied at the ALJ hearing stage, you've got the right to appeal to Social Security's Appeals Council. The Appeals Council reviews hearing decisions, and has the power to "remand" or send cases back to judges when they make mistakes. It also reverses decisions in a small share of circumstances. It may take about twelve months to get a decision from the Appeals Council.
If your claim continues to be rejected at this level, you can file an appeal in Federal Court.

4) Get help!

You have the right to legal representation. Start thinking about getting help from a Social Security disability attorney or representative -- the quicker the better.

How can I find an attorney to represent me on my Social Security disability claim?

Kassin and Carrow are attorneys who specialize in Social Security claims. If your home is in the Metro St. Louis region, including St. Louis, St. Charles, Chesterfield, or Ladue, Missouri, or Edwardsville, Illinois, you should give them a call toll free at 1-800-273-8380. Keep in mind, you only pay fees if you win your case!

What's "Reconsideration"?

Whenever a claim for Social Security disability benefits is rejected at the first level, the next step for a claimant in the majority of states is to ask "Reconsideration," or a re-evaluation of their case. The case is then reviewed another time and a new decision is made. Unfortunately, in almost 90% of the cases, the reconsideration decision is just like the initial decision—a denial.

How long will it take for Social Security to make a Reconsideration decision?

In most cases Social Security makes the reconsideration determination within 4 months.

How long does it take to get an ALJ hearing?

Processing time varies by hearing office. Nationally, the average processing time for an ALJ hearing in 2013 was 380 days.

Just how long does it take for Social Security to act upon a request for an Appeals Council evaluation?

About a year, possibly longer.

What is the Social Security definition of "disability"?

While millions of Americans cope with disabilities, Social Security disability benefits are limited to individuals with the most serious disabilities and health problems. Individuals who are unable to do "significant gainful activity" (defined as earning $1,040 monthly in 2013) because of one or more severe mental or physical impairments may be eligible for Social Security disability benefits. Social Security wants to make sure that everybody who gets disability benefits meets Social Security's definition of disability -- a process that typically requires a review of extensive medical and other evidence.

My physician and/or the Veterans Administration says that I'm disabled, so why's Social Security denying my Social Security disability claim?

Social Security has different, often more stringent requirements for determining disability. While it'll consider your physician's opinion or the decisions made by other agencies, Social Security must make its own decision of whether you meet the disability standard for Social Security disability benefits.

Will it help if I ask my Congressional Representative to help me get Social Security disability benefits?

Many Social Security disability claimants become fed up with claim delays and eventually ask their U.S. Representative or Senator to help. The local Congressional office typically will have staffers who're informed about Social Security procedures and personnel. A “Congressional Inquiry,” as it is called, may help to get a stalled process moving again. However, a Congressional Inquiry won't have any impact on how Social Security determines the outcome of the case.

If you have any questions regarding the SSDI or SSI application process, consider calling Kassin and Carrow in St. Louis. They are experienced lawyers who can help you get the disability benefits that you deserve.