You can apply for social security benefits but there is a good chance that your application will be denied. More than half of social security applications are. Timing is an issue if you are appealing a social security rejection so here are some things that you should know!
Why Was Your Application Not Accepted?
It’s important for you to thoroughly read the reason(s) why the Social Security Administration (SSA) denied your application. It makes collecting the necessary documents to appeal the denial easier. Most social security applications are denied because:
- You make more than $940 a month. You will be automatically denied if you make more than the income cap.
- You’ll recover in less than 12 months
- You didn’t follow the treatment plan your doctor set for you. There are some exceptions though:
- You can’t afford the treatment
- Your religion won’t allow you to get the treatment
- The treatment the doctor prescribed for you doesn’t work
- A mental illness makes it impossible for the medical treatment to be successful
- You didn’t do what the SSA told you to do in terms of supplying information for medical records
- The SSA can’t find you
When You Should Appeal
You have to file an appeal no later than 60 days from the denial date on the letter.
Where You Should Appeal
It’s best if you go online to file your appeal. The process of appealing online has two parts:
- Complete the Appeal request internet form and
- Complete the Appeal Disability Report – this will give the SSA more information about your disability.
Of course, you can always file an appeal by snail mail. You’ll have to fill out and include many forms. These are:
- Form SSA-561-U2 – this is a request to reconsider the denial.
- Form SSA- 3441- BK – this is a disability report that requests to appeal the denial of disability benefits.
- Form SSA – 789 – U4 – this is to consider reconsidering terminating disability benefits.
The Appeals Process
There are many steps to the appeals process. That’s why it can take a long time. You have many levels where you can appeal at:
- Request for reconsideration is the first level. You have 60 days from the date on your denial letter to file an appeal.
- Fill out and submit the Form HA – 501 which the SSA will give you to appeal the second denial. An administrative law judge will hear your case and he or she has much more power than the SSA does so your chances of winning are much higher.
- The appeals counsel – if you don’t like the decision by the administrative law judge you can always file a Form HA – 520. You ask for an appeals council to hear your case. You can present more evidence at this hearing.
- Federal District Court. You can appeal the appeals council’s decision in a Federal District Court.
Do you have a case? Call Graves Thomas Rotunda Injury Law Group today at (772) 569-8155 to discuss your case.
