While it can be discouraging to receive the news that your Social Security Disability Insurance (SSDI) claim has been denied, it is quite common to be denied at the initial and reconsideration stages. 

The Facts on Denials 

According to USAFacts, a not-for-profit and non-partisan organization that aims to make government data easy and accessible to the American people, an average of two million people apply for SSDI benefits or Supplemental Security Income (SSI), if not both, each year.

In 2022, the national denial rate for initial applications was around 62%. Of those denied, 57% met the technical requirements, such as work history, citizenship or residency status, and the substantial gainful activity limit. Around half of those denied chose to appeal. 

We’re Here to Help

Whether you’re just starting out or have recently been denied, Nyman Turkish is here to guide and support you every step of the way in your SSDI claim. Our experienced attorneys have a much higher approval rating than the national average and will fight to get you the benefits you deserve.  

The Appeals Process

If your claim has been denied, don’t lose hope; there are several levels to the appeals process to ensure it moves forward. It is important to act quickly, as the Social Security Administration (SSA) has strict deadlines for appeals. 

Reconsideration  

The appeals process begins with filing a request for reconsideration. During this phase, your claim is re-evaluated by a different examiner who was not involved in the initial decision. The SSA will thoroughly review all existing evidence, along with any new information you provide, before issuing a written decision on your claim. 

Throughout this process, it is essential to consistently follow your doctors’ treatment plans, as your medical records are the primary evidence used in the review. 

To initiate the reconsideration, you must complete specific forms. It’s highly recommended that you file these forms with an attorney to ensure they are completed accurately and thoroughly. 

Around 15% of appeals that move forward with reconsideration are approved.  

Hearing  

Denials at the reconsideration stage are also common, however, the majority of successful claims are approved at the hearing level. If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). About 77% of applicants that are denied at the reconsideration stage request a hearing. 

While it may take several months for your hearing to be scheduled, this waiting period provides another valuable opportunity to continue treatment with your doctors and strengthen your medical evidence. 

Your hearing can take place via video, over the phone, or in person. An attorney will attend the hearing with you, provide updated medical evidence to the judge, and may write a memo clearly outlining the reasons why your medical conditions prevent you from performing any job within the national economy.  

The ALJ will issue a written decision on your claim. This stage has the highest rate of approval in the appeals process. Approximately 51% of applicants who present their cases before an ALJ are approved. At Nyman Turkish, our success rate significantly exceeds this national average.  

Appeals Council Review 

If your claim is denied by an ALJ, the next step is to request a review by the Appeals Council. The Appeals Council begins its review process after an application for benefits has been denied at the hearing level or a hearing request has been refused. The Appeals Council requires you to ask for a review within 60 days of receiving your hearing decision.   

Federal Court 

If the Appeals Council decides not to review your case, or if you disagree with their decision, the last step in the appeals process is to file a civil lawsuit in Federal District Court. Typically, the civil action is filed in the judicial district where you live or have a place of business. However, if no judicial district falls within these bounds, the action will be filed in the United States District Court for the District of Columbia. If you file a civil action, you must send copies of the complaint to the SSA’s Office of the General Counsel. 

Fierce Advocacy 

Overall, a little over half of applicants who were initially denied but met the technical requirements were approved at some stage in the appeals process. The appeals process can be both complex and time-consuming. Nyman Turkish is ready to help you and is not intimidated by a denial from the SSA.   

Our Firm has fought and won for thousands of clients that were denied at the initial and reconsideration stages. Contact us for a FREE case evaluation today and visit our website to learn more about our no-fee guarantee.