My Social Security Claim was Denied – Now What?
More often than not, an application for Social Security Disability Benefits will be denied. This is just standard practice and usually has nothing to do with whether or not you are actually disabled. Why? Because the Social Security Administration is a bureaucracy and the initial level is determined by an agent with very limited decision powers.
However, you should not be discouraged! Many people give up after an initial denial, which is exactly what the Social Security Administration hopes you will do. In fact, only rarely should one drop their claim after an initial denial. Instead, this should be seen as nothing more than the first step in the long process that will eventually lead to the issuance of a Social Security Disability Award.
So what do you do if you are denied? According to the Social Security Administration website, the first step is to file for reconsideration no later than 60 days following the initial denial. This moves your claim to the next step: a hearing in front of an administrative law judge. In fact, benefits generally will not be awarded unless an administrative law judge hears the claim. An administrative hearing is not like a court trial. Usually, it takes place over the phone and is rather informal.
If you are not successful in front of an administrative judge, do not be surprised. Most cases on reconsideration are also denied. Therefore, reconsideration is not the final step. You next file an appeal for a Social Security hearing. The Appeals Council looks at your request for an appeals review and determines if the administrative law judge made a correct decision. If so, the Appeals Council will deny your appeal. If the Appeals Council decides to review your case, it has the option to review your case itself or return it to an administrative law judge for further review.
If the Appeals Council rejects your request for review or does review the case and makes a decision not in your favor, you can file a lawsuit with the federal district court. Again, this must be done in a timely manner or you lose your right to take your claim to the next level.
While the Social Security Administration provides guidelines for moving your claim through its system, consider retaining legal counsel with experience in social security law after the initial denial. This will help ensure that you do not miss any deadlines and that you are presenting the necessary documentation to eventually result in an affirmative decision on your behalf.
Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm... Michael Monheit→