How to Appeal Your Social Security Disability Insurance Denial

SSDI, which stands for Social Security Disability Insurance, is a vital program that provides financial assistance to individuals with disabilities. Administered by the Social Security Administration (SSA), SSDI offers financial support to eligible individuals who are unable to work due to a qualifying disability.

In Nevada, SSDI serves as a crucial lifeline for individuals facing physical or mental impairments that prevent them from engaging in substantial gainful activity. Through this program, disabled individuals can receive monthly benefits to help cover their living expenses, maintain financial stability, and access essential healthcare services. Understanding the SSDI program’s eligibility criteria, application process, and benefits is essential for those seeking support in Nevada due to a disability.

If your application for Social Security Disability benefits was denied, it’s important to remember that you’re not alone. The Social Security Administration (SSA) denies numerous claims each year, often due to errors in paperwork or insufficient medical evidence provided. We frequently encounter individuals who are disheartened by the initial denial of their disability claims. But don’t lose heart: with the right counsel and help, a significant number of claimants who pursue an appeal  succeed in being recognized as disabled. If you are genuinely unable to work due to your condition, it is highly recommended you pursue the appeals process with the help of an SSDI attorney.

What is the appeals process like?

Navigating the appeals and hearing process for Disability in Nevada requires a clear understanding of the steps involved. If your SSDI claim has been denied, Claggett & Sykes can help at every stage of the appeals process.

Step One: Reconsideration

The first step in the appeals process is filing a request for reconsideration within 60 days of receiving your denial notice. You can provide additional evidence to support your claim during this stage. A different examiner will review your case, including any new evidence, to reassess your eligibility for SSDI benefits.

Step Two: the Administrative Law Judge (ALJ) Hearing

If your claim is denied during the reconsideration stage, we can request a hearing before an Administrative Law Judge. It is crucial to submit your request within 60 days of the reconsideration denial. The ALJ hearing provides an opportunity to present your case in person, testify, and present evidence. Medical experts and vocational experts may also be present to provide their assessments.

An SSDI attorney from our Las Vegas or Reno office can guide you through the hearing preparation process. We can help gather relevant medical records, obtain statements from treating physicians, and prepare you for questioning during the hearing. As experienced trial attorneys, we know how to build and present a compelling case that supports your eligibility for SSDI benefits.

The ALJ hearing is typically conducted in person, but videoconferencing or telephone hearings may be available under certain circumstances. During the hearing, the ALJ will question you and any witnesses, including medical or vocational experts. It is essential to provide detailed and accurate information to strengthen your case.

Following the ALJ hearing, the judge will issue a written decision. If approved, you will receive a notice outlining the amount of your benefits and any retroactive payments owed to you. If your claim is denied, we can proceed to the next stage of the appeals process.

Step Three: Appeals Council Review

If the ALJ denies your claim, we can request a review by the Appeals Council within 60 days of receiving the ALJ’s decision. The Appeals Council will assess your case and decide whether to review it or uphold the ALJ’s decision.

Step Four: Federal Court Review

If the Appeals Council denies your request for review or decides not to review your case, you have the option to file a lawsuit in federal district court. The court will review your case based on legal errors made during the previous stages of the appeals process. This is the last step in the review process.

Throughout the appeals and hearing process, having a knowledgeable SSDI attorney by your side can significantly improve your chances of a successful outcome. Our team will provide guidance, handle the necessary paperwork, and advocate for your rights at each stage of the process, ensuring that your case is presented effectively.

What benefits are included in SSDI?

Social Security Disability Insurance offers numerous benefits to individuals facing disabilities that prevent them from working. Firstly, SSDI provides a steady source of income to replace lost wages, helping disabled individuals meet their basic needs and maintain financial stability. This income can alleviate financial stress and provide a sense of security, allowing individuals to focus on their health and well-being.

In addition to financial support, SSDI also offers access to crucial healthcare benefits. After a two-year waiting period, SSDI recipients become eligible for Medicare, which provides comprehensive coverage for medical services, prescriptions, and necessary treatments. This healthcare coverage ensures that disabled individuals can receive the essential medical care they require without incurring overwhelming expenses.

Furthermore, SSDI may offer vocational rehabilitation programs and support services to help disabled individuals regain skills and re-enter the workforce if their condition improves. This potential for rehabilitation and return to work provides hope and opportunities for disabled individuals to rebuild their lives and regain independence.

When your application for SSDI is denied, we understand that you could be losing out on necessary benefits. That is why you need an experienced SSDI attorney. With our help, we will ensure that you are represented correctly and fully to the court, proving exactly why you should be accepted into this program.

How can a Las Vegas or Reno Disability attorney help me?

Living with a disability can be an overwhelming and frightening experience, encompassing physical pain, frequent medical visits, and substantial life adjustments. When your disability prevents you from working, placing reliance on the Social Security system becomes crucial for financial stability.

At Claggett & Sykes Law Firm, our dedicated SSDI lawyers understand the challenges you face. We are committed to diligently representing your interests and ensuring that your condition meets the eligibility requirements for SSDI benefits. Our team will address all your concerns, collaborate with your healthcare providers, and serve as your strong advocate throughout the SSDI claims process. To schedule a consultation, please reach out to our Las Vegas or Reno offices, or simply complete our contact form. Your peace of mind is our priority.