Denied Social Security Disability Benefits?

Receiving a denial for your Social Security Disability (SSD) benefits claim can be disheartening, but it’s not the end of the road. Talbot & Kesling specialize in appealing denied claims in Washington State. We’ll outline the common reasons for denial and provide a step-by-step guide on how we can help you successfully appeal and secure the benefits you need.

Common Reasons for SSD Claim Denials

Understanding why your Social Security Disability claim was denied is the first step in the appeals process. Here are some common reasons for denials:

1. Insufficient Medical Evidence

One of the most common reasons for denial is a lack of adequate medical evidence to support your disability claim. This might include missing medical records, incomplete documentation, or insufficient proof that your condition prevents you from working.

2. Failure to Follow Prescribed Treatment

If the Social Security Administration believes you have not followed your doctor’s prescribed treatments without a valid reason, they may deny your claim. They may interpret this as evidence that your condition is not as severe as claimed.

3. Income and Work Status

If you are earning more than the substantial gainful activity (SGA) limit, your claim can be denied. The SSA needs to see that your disability significantly limits your ability to work and earn an income.

4. Incomplete Application

Errors or omissions in your application can lead to a denial. This includes missing forms, incorrect information, or incomplete sections of the application.

5. Non-Cooperation

Failing to cooperate with the SSA, such as not attending required medical examinations or not responding to requests for additional information, can result in a denial.

Steps to Take After Receiving a Denial

If your Social Security Disability claim is denied, don’t despair. Many initial claims are denied, and the appeals process gives you another chance to present your case. Here’s a step-by-step guide on what to do next:

1. Understand the Denial

Carefully read the denial letter from the SSA. It will explain the specific reasons for the denial. Understanding these reasons is crucial for addressing them in your appeal.

2. Request Reconsideration

The first step in the appeals process is to request a reconsideration. This involves a complete review of your claim by someone who was not involved in the initial decision. You must file this request within 60 days of receiving your denial notice.

3. Gather Additional Evidence

Strengthen your case by gathering any additional medical evidence or documentation that was missing or insufficient in your initial application. This might include updated medical records, additional statements from your healthcare providers, or new test results.

4. Consult with an Attorney

Navigating the appeals process can be complex. Consulting with an experienced SSD attorney, like those at Talbot & Kesling, can significantly increase your chances of success. We can help you gather the necessary evidence, complete the required paperwork, and present a compelling case.

5. Prepare for the Hearing

If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a more formal review where you can present evidence and testimony. Talbot & Kesling will help you prepare for the hearing, ensuring you are ready to present your case effectively.

6. Appeals Council Review

If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The council will review the ALJ’s decision and determine if it was made correctly. We will assist you in preparing the necessary documentation and arguments for this review.

7. Federal Court

If all previous appeals are denied, you have the option to file a lawsuit in federal court. This is the final step in the appeals process. Talbot & Kesling have the expertise to represent you in federal court and fight for your rights.

How Talbot & Kesling Can Help

Navigating the SSD appeals process can be challenging, but you don’t have to do it alone. Talbot & Kesling focuses on helping clients in Washington State with their SSD claims and appeals. Here’s how we can assist you:

Expert Guidance

We provide expert guidance at every step of the appeals process, ensuring you understand your options and the best course of action.

Comprehensive Support

From gathering additional evidence to preparing for hearings, we offer comprehensive support to strengthen your case.

Personalized Approach

We understand that every case is unique. We take the time to understand your specific circumstances and tailor our approach to meet your needs.

Experienced Representation

Our experienced attorneys will represent you at hearings and appeals, presenting a compelling case on your behalf.

Receiving a denial for your Social Security Disability benefits claim can be discouraging, but it’s not the end of the road. With the right support and guidance, you can successfully appeal the decision and secure the benefits you need. Talbot & Kesling and Capital Injury Law are here to help you navigate the appeals process in Washington State, providing the expertise and dedication necessary to achieve a favorable outcome. Contact us today to schedule a consultation and take the first step toward securing your Social Security Disability benefits.