Many initial social security disability claims are denied due to clerical errors, minor mistakes or other bureaucratic issues. If your claim is denied, but you believe you are eligible for social security, you should consult with an SSD attorney to determine your next course of action.
If your claim is denied, you have two options:
You will want to file a new SSD application if your condition has changed or progressed, if you know that you made a mistake in your rejected filing, or if you have new information to add to the application. However, if you believe that the application you filed deserves to be accepted as is, you will need to seek legal representation and appeal.
The first thing you need to do is contact a social security disability lawyer. Even if you file the paperwork yourself, you should have a lawyer represent you in the administrative court of appeals. The judge in the administrative court will look over your paperwork, ask you some questions, and make the determination on the spot. Your legal representative may answer these questions for you to help expedite the process. Your lawyer may advise you not to speak or bring up certain topics that may make it less likely for you to qualify for SSD.
If the administrative judge denies your SSD appeal, you need to go further up the judicial ladder. The next step is Social Security National Appeals Council. You will have to send your information and information on the judge's ruling to the National Appeals Council and wait for their response. There is no hearing for you or for your legal representative.
If this doesn't work, you should consider filing a lawsuit against the Social Security Administration. This is a formal civil litigation that requires you to build a case and prove evidence of wrongdoing on the part of the SSA. Consult with your lawyer to see if this is the right course of action.
Remember that you always have legal options if your initial claim is denied. Over 50% of all claims appealed to the administrative judge are overturned. To make sure that you don't make any mistakes on essential forms, consider contacting an SSD lawyer today!