Denied Social Security Disability? Next Steps and How an Attorney Can Help
Updated: Nov 9
Receiving a denial for your Social Security Disability application can be disheartening and stressful. But it's essential to remember that a denial is not the end of the road. Many applicants face initial rejections but successfully obtain benefits upon appeal. At the Law Office of Mark J. Keller, we understand the intricacies of the appeals process and are here to guide you every step of the way.
Common Reasons for Application Denials
Understanding why your application was denied can provide clarity and direction for your next steps. Some of the most common reasons include:
Insufficient Medical Evidence
Your medical records and documentation play a crucial role in demonstrating your disability. If the Social Security Administration (SSA) believes there isn't enough evidence, they may deny your claim.
If you've been denied before and simply reapply without making significant changes to your application, the SSA might deny your claim again.
Income Exceeds Limits
For certain disability benefits, like Supplemental Security Income (SSI), your income and assets must fall below specific thresholds.
Failure to Follow Treatment
If you don't follow prescribed medical treatments, the SSA might conclude they can't accurately assess how your condition affects your ability to work.
The Appeals Process: Reconsideration, Hearing, and Beyond
The first step after an initial denial is to request a reconsideration. This is how you appeal your initial denial. A complete review of your claim will be performed by someone who wasn't involved in the original decision. New evidence can be submitted at this stage.
If the reconsideration still results in a denial, you can request a hearing before an administrative law judge. This is your opportunity to present your case in person.
If the hearing doesn't go in your favor, the next step is the Appeals Council. They will review your claim and can either decide on your case or return it to an administrative law judge for further review.
The final step, if all else fails, is to file a lawsuit in a federal district court. Mark J. Keller has successfully represented over one hundred clients in Federal Court over past 30 years and can bring this experience to your case if you are denied by the Appeals Council.
The Mark J. Keller Advantage: Experience
Having an experienced attorney like Mark J. Keller by your side during the appeal can make a significant difference. Here's why:
Experienced Guidance: We understand the nuances of the SSA's requirements and can help ensure your application and appeal are as strong as possible.
Evidence Presentation: We know what the SSA is looking for and can help gather and present the necessary medical and vocational evidence.
Hearing Representation: Should your appeal reach the hearing stage, having an attorney represent you can increase your chances of a favorable outcome.
Take the Next Step with the Law Office of Mark J. Keller
A denied Social Security Disability claim can be a setback, but it's not the end. With the right guidance and representation, you can navigate the appeals process with confidence. Visit our website at https://www.markkellerlaw.com/ or give us a call at 718-297-1890. You can also contact us via email at firstname.lastname@example.org or through our contact form.
Our office is conveniently located at 90-27 Sutphin Boulevard Suite 402, Jamaica, New York 11435.
Don't navigate the complex world of Social Security Disability appeals alone. Let the expertise of the Law Office of Mark J. Keller guide you. Contact us today!