Although you may expect to qualify for SSDI benefits right away based on your medical condition, the claims process does not always turn out how you expect. When you receive a denial of benefits, you can subsequently file an appeal. These are complex processes which do not leave much room for error. By seeking legal advice about your situation, you can learn about the most crucial mistakes to avoid after an SSDI claim denial in Buckhead.
Contacting an experienced hearing claims advocate can help you prevent avoidable obstacles in the SSDI benefits claim and appeal processes. A seasoned SSDI denial lawyer can help a claimant avoid lengthy delays which are inherent in applying for SSDI benefits. With professional guidance, you can resolve your claim more efficiently and effectively.
Appealing a denial of an SSDI benefits claim involves multiple layers of administrative review before filing a lawsuit in federal court. At each level of the appellate process, claimants typically have 60 days to file an appeal. This time-frame begins on the date that they receive their denial notice from the Social Security Administration (SSA). The SSA presumes that individuals receive notice of a denial within five days of mailing it.
Failing to appeal within this 60-day time-frame can significantly delay the review process, and individuals may lose their rights to appeal the denial further as a result. If that occurs, then claimants must reapply for SSDI benefits and start the process over again. Filing timely appeals at each stage of review is one of the best ways to avoid mistakes after an SSDI claim denial in Buckhead.
Some individuals may not know or understand their appeal rights after receiving a denial. As a result, they may reapply when they receive denials instead of appealing within the 60-day time-frame.
Reapplying offers no difference in the review process and involves the same disability examiners considering the same claim that they previously denied. Predictably, these claimants are likely to receive another denial of benefits.
Appealing rather than reapplying for benefits allows other parties to consider a claim. As a result, the chances of success tend to be higher after an appeal as opposed to after a reapplication. Unless there has been a new diagnosis or worsening of the medical conditions at issue, a reapplication will often yield the same result as the initial application.
The review process for denials of SSDI claims can last months or even years. As a result, many individuals see their doctors, undergo tests, and receive further treatment for their medical conditions while their SSDI claims are pending. Several appellate options allow for the submission of new or additional medical evidence and records for the SSA to consider.
Updating medical records to provide the SSA with the most current and relevant information about a condition can be crucial. For example, if a medical condition worsens during the appeals process, the SSA needs to know that information in order to make a proper decision about a claim for benefits. Failing to update or supplement medical records may be one of the most common mistakes to avoid after a Buckhead SSDI claim denial.
Legal advice from an experienced social security disability law firm can help you anticipate mistakes to avoid after SSDI claim denial in Buckhead. When you are applying for SSDI, you may not expect to receive a denial from the SSA. Getting legal counsel in the aftermath of an SSDI claim denial can be essential to obtaining the benefits that you need, so call today to get started.
Contact The Khaki Law Firm Today
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
We are ready to help you, and offer multiple ways to reach us.