Why You Should Not Delay in Filing an Appeal if Denied Disability Benefits

Social Security Disability (SSD) benefits can be denied for a whole host of reasons, the main reason typically being that the SSA hopes that you don’t appeal. If the SSA has denied your application for benefits, it is important that you have knowledgeable legal counsel on your side assisting you with your appeal. In most instances, you will need to first exhaust administrative appeal remedies and adhere to a number of procedural requirements.

When it comes to appealing a Social Security Disability benefits denial, there are strict time frames that will apply. For example, if your administrative appeal is not filed by the date noted in your denial letter, your appeal could automatically be denied or dismissed. An experienced California Social Security Disability benefits attorney can help you file an administrative appeal. If you have exhausted all of your administrative remedies, your attorney could then help you pursue litigation if necessary and appropriate in your case.

Reasons for a Disability Benefits Denial

There are numerous reasons why the SSA might deny an application for Social Security Disability benefits. One of the most common reasons for a denial is that the application does not include the necessary medical documentation.

In order for an applicant to be eligible for disability benefits, their illness or injury must prevent them from being able to engage in a substantial gainful activity. In other words, the injury/illness must prevent the applicant from being able to work – not just at a current job, but at any job. Therefore, in order to receive Social Security Disability benefits, the applicant must have a medical provider on board who is willing to state that fact to a reasonable degree of medical certainty.

The Appeals-Filing Process

When it comes to filing a disability benefits appeal, there are strict time deadlines. At the administrative level, the applicant will have at least one opportunity to appeal a benefits claim denial. In some instances, depending on the situation, the applicant will have two such opportunities.

The denial letter will state the deadline by which an administrative appeal must be filed. It will also state why the disability benefits claim was denied the first time around – and what needs to be included in the appeals package. Once the administration receives the appeals package, it will review any additional documentation and make a determination on your eligibility for benefits.

If the appeal is unsuccessful, the applicant could pursue litigation in federal district court. Again, there will be a deadline for filing the appeal, starting after the denial date. When deadlines are not adhered to, the chances are good that any appeal which you submit will later be denied by the court.

There are different reasons why an SSD application can be denied, but there are procedures for you to appeal the decision. An experienced California Social Security Disability benefits attorney will ensure that your appeal is filed in a timely manner to give you the best chance of success at receiving the benefits you deserve.