Denied Social Security Disability in Fort Wayne?

Why Work with a Disability Attorney in Fort Wayne?

Many people get denied SSD at first.

Only around 35-40% of applicants get approved on their initial claim.

A claims examiner doesn’t just want to see that you have health problems when you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

You have to prove that your medical issues will seriously inhibit your ability to work at your current job or any other job for 12 months or more.

So it’s easy to get denied. Common issues include:

• Not giving the SSA enough information on application forms
• Missing medical records and evidence
• Not following up with Social Security’s requests for more information
• Incorrect or contradictory information on applications
• Failure to get regular treatment for health problems
• Poor documentation of job tasks and how an applicant’s health problems interfere with them

Check your denial letter. See if Social Security gave you specific reasons why you didn’t qualify for benefits.

Then schedule a FREE consultation with our Northeast Indiana disability lawyers about your next steps as soon as possible.

What Are the Stages of an SSD Appeal?

You may not have to go through every part of the appeals process to win SSDI or SSI benefits, but the stages typically proceed in this order:

Step 1: Reconsideration

When your Social Security Disability claim is denied, the first thing you do is ask for another examiner to review your application. It’s a required step, but the chances of approval at the reconsideration stage are still quite low.

Step 2: Disability Hearing

After a denial on reconsideration, a hearing in front of an administrative law judge is often your best chance to make your case for disability benefits.

You’ll answer the judge’s questions about your medical issues and how they affect your ability to work and your everyday life. Social Security could also call expert medical and vocational witnesses to give their opinions about your disability claim.

Having representation can make a big difference at your disability hearing. The government’s own numbers have shown that you could be nearly three times as likely to win approval at your hearing if you have a lawyer on your side.

Step 3: The Appeals Council

If a disability hearing doesn’t go your way, you can ask the Appeals Council at Social Security to review the decision. They can uphold the hearing decision, award you benefits, or send your case back for another disability hearing.

It’s important to note that you’re not introducing new evidence or testimony at this stage. The Appeals Council is concerned with errors in Social Security’s process.

Step 4: Suing in Federal Court

If you disagree with the decision of the Appeals Council, you have the right to file a civil lawsuit in a Federal District Court. You won’t go to court in person, but you need an experienced lawyer to file legal documents for the judge to review.

You also need to keep in mind that there’s a deadline at every stage. Every time you receive a denial and want to appeal, you typically have 60 days to file your response.

If you fail to act before the deadline, you might have to start over with a new application. While an appeal is a lot of work, it’s often better than applying again.