Social security claims are frequently denied. In the initial application process, most claims are denied across the country. After the initial application process, there is a second stage that’s called “Reconsideration”. Almost every claim at that stage is denied on a percentage basis. Claimants actually have the best chance of being approved for disability before an administrative law judge at the hearing stage. At that time, it’s easiest for the claimant to testify and explain their impairments and how it affects them from doing basic work activities.
The reasons for denial are most commonly because the people evaluating these cases don’t see enough in the medical records to find that the person is disabled in a way that effects their ability to work. It is rare that doctors will say that a person is unable to work because often they like to think that the treatment you are receiving can get you to a place where you are able to work again.
When they’re reviewing medical records, the evaluators are very often reading the opinion of the doctor to help them decide if this person should go back to work. People get denied for all kinds of reasons, though most often it’s because the medical evidence isn’t overwhelmingly clear in showing that they’re unable to work. Quite often, claimants have to provide further information, and testify as to why their impairments make ongoing work impossible. It is also difficult because, in this system, there is no benefit of the doubt for the claimant.
Because of these factors, a lot of people who do apply and get denied often don’t continue their case. It is worth noting that if they were to continue their case to the stage where they would be speaking to a judge, that’s where their best chance of showing their disabilities and their limitations in order to get their claim accepted would occur.
What Happens If My Claim Is Denied? What Do I Do Next?
If your claim is denied because you haven’t paid enough into the system, you may not be insured. A lot of people don’t understand that the social security disability program is an insurance program, and you have had to pay in over the course of time to be eligible for compensation. Generally speaking, you need to have worked at least five out of the last ten years in order to maintain insurance coverage.
If you haven’t worked enough recently to be insured, your claim may be denied. In addition to this, your claim may be denied because you’re making too much money. If you are denied for one or both of those reasons, there’s not a lot anyone can do.
Contrarily, if you were denied even after The Social Security Administration agreed that there is sufficient medical evidence to support your disability, contacting a social security disability law attorney may be in your best interests. Quite often, it’s not uncommon for social security to disagree with the claimant, and sometimes it’s just a matter of getting more specific evidence from the treating physician to further prove your case. An attorney will be able to help you compile your evidence and determine whether or not it is sufficient to prove your claim.
Can I Appeal If My Social Security Disability Benefits Are Denied Or Should I Just Reapply? Do I Have To Wait To Do So?
It is important to appeal if you’ve been denied social security disability benefits.
The main reason for this is that if you don’t appeal, you cannot get past-due benefits prior to your old application. If you reapply, you’re not going to get past due benefits prior to when your last application was. For this reason, it is always a good idea to appeal rather than reapply.
The other reason to appeal is if you’re going to reapply but don’t have any new or differentiating evidence. Given that it’s the same people looking at the same documents, you’re likely going to be denied again.
The benefit of appealing is that if you are able to go through several stages of the appeal process, you can get in front of an administrative law judge. This is where you can actually testify under oath, bring other witnesses to the hearing, and provide a more impactful presentation of the evidence in a way that improves your chances of being recognized as disabled. Generally speaking, it is always better to appeal than to reapply because you want to get to the stage where you may be able to convince an administrative law judge that you’re disabled under the law due to medical reasons.
You don’t have to wait to appeal. In fact, you’ve actually got a time limit within which you have to make your appeal. Often, if your application has been turned down, you have 60 days to file what’s called a “reconsideration”. If your reconsideration is denied, you have 60 days to request a hearing before an administrative law judge.
You shouldn’t wait at all if you disagree with the decision from the social security administration. Contrarily, you should file the paperwork fairly quickly in order to appeal that decision and go on to the next stage. This can often get your case in front of a new evaluator that may be more sympathetic to your cause. For more information on Social Security Disability in North Carolina, an initial consultation is your next best step.