When you are denied Social Security disability benefits in North or South Carolina, you have the right to appeal the decision. Appealing should typically be your first option. If you start a new application or reapply, you are putting yourself at the back of the line. By requesting a reconsideration, you are putting yourself one step closer to hearing with an Administrative Law Judge. You are more likely to win our case with a hearing. Before you request a reconsideration, we recommend that you discuss your case with an experienced disability attorney. An attorney who is familiar with handling disability claims will be able to identify why your application for disability benefits was denied. They can also tell you what documentation you will need to get a favorable decision.
Why was my application denied if I am clearly disabled?
The SSA denies cases for many reasons. You might not have submitted enough medical evidence to prove your disability. You might have exceeded the program’s income limits. Sometimes, the examiner assigned to your case at the Disability Determination Services (DDS) might have simply made an administrative error or overlooked part of your medical history. In any event, you can appeal an initial decision if you do not agree with it.
There are four levels of appeals in the Social Security benefit claims process: Reconsideration, hearing with an Administrative Law Judge, Appeals Council review, and Federal court. If your application is denied at one level, then you can appeal to the next.
Timeliness is critical in the appeals process.
You have only 60 days from the date the SSA mailed you its original decision to file an appeal. Failure to file a timely appeal could bar your right to appeal.
If your application was wrongly denied, know that you’re not alone. More than 75 percent of applications are initially denied. Over 85 percent of claims are denied at Reconsideration. Don’t lose faith; we can help. Our team at Chad Brown Law helps people in North and South Carolina every day obtain the benefits they need through Social Security. Call us today at (336) 546-5066 or contact us online and let us help you appeal your claim.