Memphis SSI/SSD Attorneys Discuss Appealing the Denial of Your SSI or SSD Claim

Receiving notice that your Social Security Disability or SSI application has been denied can be devastating.  For many individuals, receipt of these benefits would have made a significant impact on daily living.  If your claim has been denied, you are likely feeling overwhelmed, upset, and confused as to your legal rights.  Rest assured that many individuals are denied the first time they apply for SSI or SSD benefits, but are later able to successfully appeal the decision and begin receiving their benefits. The following offers some additional information concerning appealing your SSI or SSD denial.

Always Appeal, Do Not Reapply

Surprisingly, most disability claims that are denied are not appealed.  Those denied either give up on the entire process or file a new claim, which is a mistake.  The failure to timely file an appeal of your denial or the filing of a new claim will result in the loss of your appeal rights.  If you forfeit your appeal rights, you will need to begin the entire process all over again, costing you valuable time and money.

Appealing Provides You With the Best Chance of Success

Simply filing a new claim will provide you with little chance of receiving benefits, as the end result is likely to be the same.  Appealing offers you the best chance of reversing your initial denial and being granted SSI or SSD benefits.

What to Do Following a Denial

You need the act fast following notification of your denial.  You will generally have only 60 days to request an appeal after receipt of notice of the denial.  Accordingly, you have no time to waste.  When you receive your denial, if you did not file your initial application with the assistance of an attorney, you should immediately set out to retain an attorney.  Your SSI/SSD attorney will file the requisite notice of appeal and begin preparing you for the sometimes complex and lengthy appeals process.

If you had the assistance of an attorney in preparing your initial benefits claim, you should immediately contact your attorney and notify them of the denial so that they can take the steps necessary to protect your legal rights.

In any event, if the 60 day deadline is approaching and you have not yet retained the assistance of an attorney, you can personally request an appeal.  This will allow you some additional time to retain an attorney and prevent the loss of your appeal rights.

The Appeals Process

In Tennessee, there are four levels of disability appeals.  The first appeal is a reconsideration.  Reconsideration review must be requested within 60 days from the initial denial.  If your reconsideration request is denied, you can then seek a hearing with an administrative law judge (ALJ).  You will have 60 days from the denial of your reconsideration request to seek an ALJ hearing.  If the ALJ does not rule in your favor, you can seek review by the Appeals Council.  Here, the judge’s decision will be reviewed for errors that are either technical in nature or more substantial.  The Appeals Council can reverse the judge’s decision, remand the case for rehearing, or issue a denial.  Your last level of appellate review is a suit in federal district court.

As you can see, the appeals process is complex, but allows for multiple levels of review and offers denied applicants a strong chance for success.

Bailey & Greer: Tennessee SSI/SSDI Attorneys Assisting in Your Successful Appeal

Receiving a denial of your SSI or SSD benefits claim can be overwhelming.  For many, this denial is based on error or mistakes made in the filing process.  When your claim is denied, you have the right to appeal this decision, but your time to act is limited.  The Memphis SSI/SSDI Attorneys at Bailey & Greer have assisted countless individuals through the appeals process.  Our dedicated and experienced attorney team will assist you in receiving those benefits to which you are entitled in no time.  Call us today toll free at 901-680-9777 or fill out our confidential contact form on this page.