Chicago SSDI Appeals Lawyer
Are you facing an unfair disability claim denial in Chicago?
The experienced SSDI appeals lawyers at Ankin Law can help you get the benefits you need. With decades of experience representing SSDI appeals, we know what it takes to make your claim succeed.
When you choose Ankin Law to file your SSDI appeal, you get:
- 24/7 availability
- Over than 100 years of combined experience
- FREE consultations to help you determine why your claim was denied
- NO fees unless we win
A Social Security Disability Appeals Lawyer can help you recover benefits after a denial. Call Ankin Law at (312) 600-0000.
Table of Contents
Why Are Social Security Disability Claims Denied?
Social Security Disability claims are denied for various reasons, reflecting the stringent criteria and rigorous evaluation process employed by the Social Security Administration (SSA). Understanding these causes can help you prepare and improve your chances of approval. Common reasons for SSDI claim denial include:
Medical records were not provided
Submission of complete medical records is crucial to proving to the SSA that an applicant is, in fact, disabled. Oftentimes, the applicant will provide the names and contact information of treating physician’s, but the physician will fail to respond to requests for medical records from the SSA. The SSA may not follow-up with the physician to seek medical information and the claim may be denied.
Other times, the treating physician will request payment for copies of medical records. Because the SSA does not pay the bill, the treating physician does not send the medical records and the claim will likely be denied.
Hiring a skilled social security disability attorney, like those at Ankin Law, LLC, can go a long way to helping ensure that the appropriate medical records are provided to the SSA by following up with the SSA and the treating physicians.
Lack of Sufficient Medical Evidence
One of the primary reasons for SSDI denial is the lack of comprehensive medical documentation supporting the disability. The SSA requires detailed medical records that clearly indicate the severity and impact of the disability on the claimant’s ability to work. Inadequate or missing documentation, insufficient treatment history, or failure to follow prescribed treatments can all contribute to a denial.
Failure to Meet the Disability Criteria
The SSA has a strict definition of disability, emphasizing the inability to engage in substantial gainful activity (SGA) due to a medically determinable physical or mental impairment expected to last at least 12 months or result in death. If the SSA determines that the claimant’s condition does not meet these criteria, the claim will be denied. This includes cases where the impairment is not deemed severe enough to prevent all types of substantial work.
Non-Compliance With Prescribed Treatment
If a claimant does not follow the treatment prescribed by his or her healthcare provider, the SSA may conclude that the condition is not as disabling as claimed, leading to a denial. Exceptions are made if there is a valid reason for not following the treatment, such as severe side effects, inability to afford the treatment, or religious beliefs.
Earnings Above Substantial Gainful Activity (SGA) Threshold
The SSA uses the SGA threshold to determine if an individual is capable of working and earning an income. As of 2024, earning more than $1,470 per month ($2,460 for blind individuals) indicates that the claimant is engaged in SGA, resulting in claim denial.
Insufficient Work Credits
SSDI benefits are contingent on the claimant having sufficient work credits, which are accumulated based on taxable earnings. The number of credits required varies by age. Younger applicants might require fewer credits than older individuals. Claims are denied if the applicant does not meet the work credit requirement.
Incomplete Application
An incomplete application or failure to respond to requests for additional information from the SSA can lead to denial. It is crucial to thoroughly complete all forms and promptly provide additional requested information.
Improper Documentation of Nonmedical Information
The SSA evaluates nonmedical information, such as work history and daily activities, to assess the claim. Inaccurate or insufficient information about the claimant’s work history, education, and how the disability affects daily life can result in a denial.
Short-Term Disability
Conditions expected to improve in less than 12 months are not included under the SSA’s definition of disability. Claims involving temporary disabilities or conditions with uncertain prognoses often face denial.
To improve the likelihood of approval, applicants should ensure comprehensive medical documentation, adhere to prescribed treatments, accurately complete all forms, and seek assistance from a disability attorney.
What to Do if Your SSDI Claim Is Denied
If your Social Security Disability Insurance (SSDI) claim is denied, act promptly and strategically to improve your chances of a successful appeal. Here are the key steps to take:
Carefully read the denial notice to understand the reasons for the denial. The Social Security Administration (SSA) provides detailed explanations to guide you on what needs to be improved or corrected in your application.
An attorney can provide valuable assistance. He or she can help you understand the denial reasons, gather necessary evidence, and represent you during hearings.
You have 60 days from the date you receive the denial notice to file an appeal.
Collect new medical evidence or documentation that can strengthen your case. This might include recent medical records, additional test results, or statements from healthcare providers that detail the severity and impact of your condition.
Verify that all forms are filled out accurately and thoroughly. Discrepancies or incomplete information can negatively impact your appeal.
If your appeal reaches the hearing level, preparation is key. Review your case file, be ready to explain your condition and limitations in detail, and anticipate questions the judge might ask. Your SSDI appeals attorney can help you prepare for this step.
The appeals process can be lengthy. Persistence is crucial, as many claims are approved upon appeal. Keep track of deadlines and maintain communication with your attorney.
If your appeal is ultimately unsuccessful, consider reapplying with new evidence or after significant changes in your condition. A fresh application with updated information can yield a different outcome.
By understanding the appeals process, gathering strong evidence, and seeking professional guidance, you can enhance your chances of overturning a denial and securing the SSDI benefits you need.
What Is the SSDI Appeals Process?
The Social Security Disability Insurance (SSDI) appeals process consists of four levels designed to ensure thorough review and fair consideration of denied claims.
This is the first step in the appeals process after an initial denial. A new examiner who was not involved in the original decision reviews your case. You can submit additional evidence or clarify information. The reconsideration stage is typically a paper review without a hearing.
If reconsideration is denied, you can request a hearing before an ALJ. The hearing is a formal proceeding where you, your attorney, and witnesses can present evidence and testimony. The ALJ reviews all documentation, listens to your testimony, and may question you and any experts. This stage provides a more personal and detailed review of your case.
If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Council can decide to review your case, send it back to an ALJ for further review, or deny the request if they agree with the ALJ’s decision. This stage is generally a paper review, but you can submit new evidence or legal arguments.
Federal Court Review:
If the Appeals Council denies your request, or you disagree with their decision, you can file a lawsuit in a federal district court. This is the final stage of the appeals process and involves a judicial review of the SSA’s decision. The court can either uphold the SSA’s decision, reverse it, or send it back for further proceedings.
Throughout the appeals process, it’s crucial to adhere to all deadlines and provide comprehensive and accurate information.
Was your SSDI claim denied? Call Ankin Law at (312) 600-0000 for help securing the benefits you need.
When Should You Get an SSDI Lawyer?
Getting an SSDI lawyer can enhance your chances of a successful claim or appeal. Here are the key times when you should hire an SSDI lawyer:
Engaging a lawyer at the outset can help ensure your application is thorough, accurate, and complete, reducing the risk of denial due to errors or insufficient documentation.
If your initial claim is denied, a lawyer can assist with the reconsideration process, helping to gather additional evidence and address the reasons for denial.
If your claim proceeds to a hearing before an Administrative Law Judge (ALJ), legal representation is crucial. A lawyer can help prepare your testimony, organize evidence, and present your case effectively.
For appeals to the Social Security Appeals Council or federal court, the process becomes increasingly complex. A lawyer’s knowledge of SSDI law and procedural rules is invaluable in presenting legal arguments and navigating these advanced stages.
Overall, hiring an SSDI lawyer can provide critical support, increase the likelihood of approval, and alleviate the stress of managing a complicated process.
How Long Do SSDI Claims Take to Get Approved?
The time it takes for Social Security Disability Insurance (SSDI) claims to get approved can vary based on several factors, including the complexity of the case, the level of appeal, and the backlog at the Social Security Administration (SSA) offices.
The initial review process typically takes between three and six months. During this period, the SSA reviews your medical evidence, work history, and other relevant information to determine eligibility.
If your initial claim is denied, and you file for reconsideration, expect an additional three to six months for this review. If reconsideration is denied, and you request a hearing before an Administrative Law Judge (ALJ), the wait time can be extended. On average, it takes about 12 to 18 months from the date of the hearing request to the hearing itself. After the hearing, it may take an additional two to three months to receive the judge’s decision.
If the ALJ denies your claim, and you appeal to the Social Security Appeals Council, this stage can take around six months to a year. If your case goes to federal court, the process can take several months to years, depending on the court’s schedule and complexity of the case.
Throughout these stages, processing times can be affected by factors such as the volume of cases the SSA is handling, the need for additional evidence, and the details of your medical condition. Being thorough in your initial application and promptly responding to any requests for additional information can help reduce delays.
Frequently Asked Questions About SSDI Appeals
When Should You Appeal an SSDI Claim Denial?
You should appeal your case if you believe the denial was based on incomplete or incorrect information, lack of sufficient medical evidence, or a misunderstanding of your condition’s severity. An appeal is also warranted if you have new medical evidence that was not previously considered.
How Long Do You Have to File an SSDI Appeal?
You have 60 days from the date you receive your denial notice to file an SSDI appeal. It’s crucial to act promptly to ensure your appeal is considered and to avoid losing your right to challenge the denial. Consulting with a disability attorney can help ensure timely and proper filing.
How Many Times Can You Be Denied for SSDI?
There is no designated limit to the number of times you can be denied for SSDI; however, each denial requires you to appeal or reapply to continue pursuing benefits. Reapplying after significant changes in your condition is also an option. Persistent efforts and legal assistance can improve your chances of eventual approval.
What Our Clients Say About Us
Working with Maria Merman and the team at Ankin Law was an absolute pleasure! Maria’s exceptional communication and support made the entire process smooth and stress-free. Ankin Law proved to be a great firm to work with, and I highly recommend their services to anyone in need of legal assistance.
