“I was denied Social Security disability for the 2nd time. Is there anything I can do?”
If you’re asking yourself this question, you’re not alone. Many, many applicants are denied on their initial application and first appeal. The answer to this question is: YES, there is something you can do!
At Marc Whitehead & Associates we have helped many Americans obtain the Social Security disability benefits they need after an injury or illness has left them too disabled to continue to earn a living.
If your claim for Social Security disability benefits has been denied, don’t give up!
Initial SSDI Application Denials Are Common
It’s not unusual for an initial claim for disability benefits from the Social Security Administration to be rejected. In many instances, they aren’t rejected because the applicant doesn’t have a valid claim, but because they simply did not supply the SSA with the full information they needed to make a decision.
After your claim has been denied, you have two choices: file a second, brand new, application, or request what is called a “reconsideration” in which the SSA reconsider their original decision to deny your claim. You have 60 days from the time you receive notice of the SSA’s decision to deny your claim in which to request an appeal. During this reconsideration, the SSA will review the original application and consider any additional evidence that has been submitted to support the applicants claim.
Get Help From a Social Security Attorney
Whether you wish to file a first claim, file a second, new, claim, or request a reconsideration, it would be wise to take advantage of the SSA’s rule that allows you to be represented by an attorney or other qualified professional familiar with your case and the Social Security program.
If you are filing a first claim or a second new claim, a disability benefits attorney can help you to correctly fill out the required documentation, ensure you submit the necessary medical evidence, and review your applications for any errors. If your claim has been denied, an attorney can review your original application and help fill in the gaps that resulted in your claim being rejected the first time around.
Statistically, applicants who are represented by experienced Social Security disability benefits attorneys are more likely to get their claims approved during the appeals process than those who aren’t.
If I Was Denied Social Security Disability For The 2nd Time, What’s The Next Step?
If your claim is rejected after reconsideration, and you still feel the SSA was incorrect in their decision, you can request a hearing before an Administrative Law Judge (ALJ).
An Administrative Law Judge is a judge who presides over trials, proceedings and hearings that involve claims or disputes pertaining to administrative law. While the scope of their authority is limited, ALJs have the same power as other judges to administer oaths, hear testimony, make rulings on evidentiary objections, and render legal and factual determinations.
At the ALJ hearing, you can provide answers to any questions the judge may have, submit new evidence, have expert witnesses testify on your behalf, and cross examine the experts who made the original recommendations to deny your claim.
The SSA prefers that you attend the hearing either in person, or via video conference. If you are unable to do so, or don’t wish to be present, you must provide written notice to the SSA as to why as soon as possible. The SSA will try to accommodate your concerns (such as changing the time and place of the hearing), but you must have a compelling reason for making this request.
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.
Marc Whitehead & Associates Represent Clients at Every Step of the SSA Disability Appeal Process
No matter what stage of the SSA disability benefits claims process you’re at, it’s never too early or too late to get assistance from an experienced Social Security disability lawyer. Marc Whitehead & Associates have helped disabled individuals all over the nation obtain the Social Security disability benefits they need. We have successfully represented clients at all steps of the SSA disability benefits process, from helping them make their initial application, all the way to representing them at an Administrative Law Hearing or even in Federal Court.
If your claim for Social Security disability benefits has been rejected, don’t give up until you’ve talked to Marc Whitehead & Associates. Contact us today to schedule a free initial consultation to discuss your case. We can review your claim, answer any questions you may have, and provide honest, professional advice on how to proceed with your claim. Remember, you have a limited time in which to file an appeal – the sooner we get to work on your case, the better.