What Does Your Disability Denial Mean?
Having a Social Security Disability claim denied can be a very stressful experience. If you can't work because of a medical impairment, you may be worried about your finances and about making the right choices. What does your denial mean? What are the next steps?
It is important to note the difference between a technical denial and a medical disability denial:
- Technical denials: Technical denials happen before your claim ever gets to the state agencies that make disability findings (called Disability Determination Services or DDS). This occurs when the government considers you simply ineligible to receive benefits. In Supplemental Security Income cases this may be because you have too many assets. In Disability Insurance Benefit cases it may be because you have not worked and paid sufficient FICA taxes into the system. It may also be because you are currently working and earning more than the current limit.
- Medical Denials: Medical denials are made when DDS orders and reviews your medical records and makes a determination that the records do not show that you are so limited by your disabilities that you should be awarded benefits or that they do not expect you to remain disabled for 12 months. What do you do when you are denied benefits? You can do a few things. You can give up. Or you can take action. Often, talking to a lawyer is the best course of action. A lawyer can handle the appeals process for you to help you achieve the best possible outcome.
Next Steps
If you live in some states including Pennsylvania, you should appeal your Social Security denial and file a Request for Hearing after your claim has been denied. In other states including Ohio and West Virginia you should file a Request for Reconsideration and, if that is denied, file a Request for Hearing.
You must act quickly if you are planning to file a Request for Reconsideration or Request for Hearing. It must be filed within 60 days of the denial or you will lose your chance to appeal. Contact us today for a free consultation.
