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What happens if the SSA denies your disability claim?

On Behalf of | Jun 21, 2023 | Social Security Disability |

The Social Security Administration (SSA) typically denies two-thirds of all claims for Social Security disability benefits. If you find yourself among this group, then it is time to pursue an appeal.

If you can no longer appeal or file a lawsuit, then consider filing a new SSD application.

It is best to not think too much about why the SSA denied your claim. Why? Because such denials are often no more than form denials that contain form language.

You have 65 days from the date of the denial to file an appeal.

Filing a new application

If you choose to file a new application, generally, you have to state that you are disabled and the date after the administrative law judge’s decision.

It is best to keep all of your documents and letters together and consider them as legal documents. You may be able to use the former decision to help you in some matters in your new case.

Retaining an attorney

Since applying for SSD benefits and dealing with the appeal process are complicated, it is essential to seek the advice of a legal advocate. For the appeals process, an experienced and skilled attorney will:

  • Analyze the SSA’s findings,
  • Determine why your application the government denied your claim
  • Address any errors made in your application and correct them
  • Collect and submit any missing information such as medical records, physician testimonials, your treatment and medications
  • Advocate for you during the appeals process and prepare your testimony, which takes place in front of an administrative judge

Having an attorney work on your behalf will provide you with more confidence.

Continue to wait and act

You likely waited three to five months for the SSA’s initial decision on your claim. Now, you will have to wait for a decision on your appeal for disability benefits. Please continue to make your medical appointments, see your doctor and have regular discussions with an attorney.