If you’re unable to work for at least 12 months, you can apply for Social Security Disability Insurance (SSDI) benefits. This program will provide you with monthly income you can use for anything, including rent, insurance premiums, utility bills, and groceries. However, the process of applying for benefits can be confusing and cumbersome. If you do it wrong, you might get denied, even when you should be approved.
This article will break down the best way to get approved, and if you get denied, how to fight back.
- Contact a Social Security lawyer
There’s no denying that paperwork that involves the Social Security system is complicated, and applying for disability benefits is no exception. If you’re concerned that you might not get approved, get in touch with a Social Security disability attorney for help. Your lawyer will make sure your condition meets SSDI eligibility requirements and give you a heads up about any potential pushback you may receive.
For instance, the SSA reviewer in charge of your case will likely assess your condition to see if you could work in another industry despite your disability. An SSDI lawyer will help you navigate this and any other situation that arises during your application process. Having an attorney will prevent you from being caught off guard if your approval isn’t smooth.
- Fight a denial
If your SSDI claim was denied, don’t give up without a fight. While a significant number of applications are denied, many are approved on appeal. Not every denial is correct or permanent, and with a little effort, you can appeal the decision.
The Social Security Administration (SSA) structures the appeals process into four levels:
- Reconsideration. When you appeal, you can submit new evidence, and a different examiner will review your case.
- Administrative Law Judge (ALJ) Hearing. If your reconsideration is rejected, you can request a hearing before an ALJ. This allows you to present your case in person and could make a stronger impact.
- Appeals Council Review. If the ALJ denies your claim, you can request the Appeals Council to review your claim. If they don’t decide your case, they can return it to the ALJ.
- Federal Court Review. Your final resort is filing a lawsuit in federal court. However, this will require hiring a lawyer.
When you pursue an appeal, make sure to file within the 60-day deadline and use the online form for faster processing.
If you left out any medical records, submit them with your appeal. This includes test results and treatment notes that you may not have initially thought to submit. You should also get a detailed letter from your physician explaining your diagnosis, treatment, and work limitations. This type of letter can persuade the examiner to approve your claim.
If you take your appeal further than a reconsideration, it’s highly recommended to secure legal counsel for the best results.
- Understand that you paid into the SSDI pool
If you’re hesitant to apply for SSDI because it feels like asking for a welfare handout, don’t worry – it’s not. SSDI is an insurance program you paid into through your paycheck’s FICA taxes. If you qualify, you’re claiming benefits you’ve earned. Therefore, it’s not charity.
- Focus on your medical evidence
SSDI decisions hinge on your medical records. You need hard proof of your condition, whether it’s physical or mental. Some conditions are harder to prove on paper than others, especially when you have a condition that doesn’t show up on an x-ray, an ultrasound, or in bloodwork.
There is no such thing as “too much” medical documentation. Get copies of everything in your medical records from every provider you’ve seen, and don’t forget doctors’ notes, therapy notes, medication lists, and anything else that clearly shows how your condition limits your ability to work.
- Keep treating and documenting your condition
Even after you’ve submitted your application, and especially after a denial, continue treating and documenting your condition. Pursue all prescribed treatment plans and attend your medical appointments so it’s clear you still need benefits. If you stop pursuing treatment, the SSA might assume you’ve recovered and no longer need benefits. Your case will be reviewed periodically, and if it looks like you’re better, the SSA will stop sending you checks.
Be patient and persistent
SSDI claims can be slow, especially since you have to wait at least five months to start collecting benefits. However, you can file your claim sooner. You paid into the system with every paycheck, so you have a right to file a claim.
Don’t let a complicated process stop you. You might need legal help and a little patience, but it’s worth following through.