Appealing When Your Social Security Disability Claim Has Been Denied
Help for people throughout Jackson, Memphis and West Tennessee
The chances of your claim for Social Security Disability benefits being denied is high – about 55%. The majority of those claims are denied in the beginning stages for nonmedical reasons, such as missing the deadlines or filing the application incorrectly. When your claim is denied, you are allowed to file an appeal. Bailey & Greer, PLLC, can help you through that process. We help people throughout Memphis, Jackson and West Tennessee whose claims have been denied for various reasons obtain the benefits they need to take care of themselves and their families.
How the appeals process works
If you have been denied SSD benefits, you want to bring the following items to your meeting with us:
- A copy of your denial letter
- A list of the names and addresses of any doctors you have seen since you filed your claim
- A list of your current medications (updated if necessary)
- Proof of any new diagnoses or medical treatments you have undergone since you filed originally
Together, we file your Request for Reconsideration within 60 days of your denial. After 60 days, you must begin the application process from the beginning, so it is important that you meet with us as soon as possible after your denial.
The Request for Reconsideration goes back to the Social Security Administration office which reviewed your original claim. At Bailey & Greer, we review your initial claim before we submit your request, to ensure there are no errors or any missing information. Once we feel secure that your application has been filled out correctly and in full, we file your request.
Hearings in front of an Administrative Law Judge and the Appeals Council
While you wait for the SSA to review your request, we will continue to send along any medical updates concerning your condition, your list of medications or treatments, or any developments you experience. If the SSA denies your request, then we will request a hearing in front of an Administrative Law Judge. If the request is granted, we help you fill out the necessary forms for the hearing and prepare you the same way we prepare clients for their initial administrative hearings. You have a better chance at being approved at this stage in the process because judges can see you and ask you questions in real time about your disability.
If, however, your claim is denied, we can request a review by the Appeals Council. Again, we must fill out this paperwork and submit your request within 60 days. The Appeals Council only determines whether or not the Administrative Law Judge performed his or her role correctly and legally during your hearing. If the Council finds that the Judge made an error during your hearing, then the Council may remand your case (meaning you get a new hearing with a new judge) or approve your application right there. If the Council does not find any wrongdoing, however, then we can proceed to the federal court review process with your claim.
Trust Bailey & Greer, PLLC, when you need to appeal an SSD decision
Bailey & Greer, PLLC, has consistently protected the disabled throughout Memphis, Jackson and West Tennessee. If your Social Security Disability claim has been denied, you do not have to leave your appeal up to chance. Our attorneys have the skills, experience and resources to help you through the process. To schedule an appointment, please call 901.475.7434 or fill out our contact form.