Common Mistakes to Avoid After a Claim Has Been Denied
It can benefit the claimant to contact a social security disability attorney after a SSDI denial notification, because the attorney can take the claimant through the appeals process, including filing the actual appeal and helping the claimant understand the medical issues. Once the attorney understands the medical issues, they can help make sure that Social Security orders the correct medical records.
Failure to Appeal the Denial
Filing a new application versus filing an appeal can have negative consequences on the benefits to which the claimant may be entitled. Going through the appeals process allows the person to get the maximum benefits which could include back benefits. By re-filing an application instead of appealing the denial of the original claim, the claimant hurts the amount of back benefits for which they are eligible.
This is a common mistake among people who have not consulted with an attorney and do not understand their appeals rights. When they get a denial letter, they simply re-apply for benefits. This is usually a misunderstanding on the part of the claimant; they do not understand their appeal rights. Without consulting an attorney, it may appear that re-filing the application is the best thing to do. In fact, it is better to appeal that unfavorable decision, even when it means filing a request for a hearing in front of an administrative law judge.
Odds of Winning an Appeal After a Denial
It is not necessarily true that when someone’s claim is denied, their chance of winning an appeal is low. The case can be further developed on appeal. There may have been additional treatment dates with a provider. In the case of getting an attorney involved on an appeal, the attorney may determine that all of the evidence was not gathered on the case. It does not mean that a person has decreased their chance of winning. Also, when filing an appeal and filing a request for hearing, an individual will be going before the administrative law judge who looks at the case new. The administrative law judge is not bound by any earlier unfavorable decisions on the claim.
Filing Numerous Claims
Some of the consequences of filing multiple claims instead of appealing is the lose of back benefits. For an SSDI claim, an individual can be paid back to 12 months prior to the application date. If they continue re-applying, they lose those back benefits. Whereas, when they appeal the process, they preserve their initial application date and they can receive more back benefits
Other Common Mistakes Following an Initial Claims Denial
One of the biggest mistakes a person can make regarding a Social Security Disabilities claim is when they receive a notification of a denial and then ignore it. These people get frustrated and they set the denial letter aside and their window for appealing expires. An initial application denial and a reconsideration denial must be appealed within 60 days. People who go beyond the 60 day window for filing an appeal are forced to file a new application rather than appealing their unfavorable decision.