Social Security Disability Insurance

Denied SSDI Benefits? 

Resolve Law Group Can Help

A Social Security Disability Insurance (SSDI) denial can be discouraging.

You’ve worked and paid into the Social Security fund.

The benefits should be there for you when you need them.
More than 60% of Social Security disability applicants are denied after their initial applications.
Some people give up after receiving that first denial notice, but that’s usually a mistake. Many applicants who continue through the appeals process receive benefits at a later stage. If you’ve applied for Social Security disability benefits and been turned down, your next step should be to talk with an experienced SSDI attorney.

Who Qualifies for Social Security Disability?

There are two types of qualifications for Social Security disability benefits. The first—and the one most people know about—is medical. To qualify for SSDI, you must be unable to participate in “substantially gainful activity” due to a medical condition. The condition must have lasted or be expected to last for at least 12 months, unless it is terminal.

Demonstrating that you are medically unable to participate in substantial gainful activity is the most significant hurdle for most applicants. The Social Security Administration has a formula for determining substantial gainful activity, which is a measure of your ability to support yourself through work.

The most significant non-medical qualification is having adequate work credits for eligibility. These are credits you earn as you work in the years before you become disabled. The number of credits required varies depending on how old you are when you become disabled. For most workers who are 31 or older when disability strikes, the requirement works out to having had sufficient earnings in a total of five of the previous 10 years. The actual calculation is a bit more complex, so be sure to have your Social Security disability attorney check your work credits.

Have Questions?

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SSDI Appeals Process

The initial denial notice isn’t the end of the road for Social Security disability applicants: it’s barely the beginning. If you’ve received a denial, here’s what happens next:

Step 1

You’ll have an opportunity to request reconsideration. The reconsideration process is virtually identical to the initial consideration. The two key differences are that a different person reviews the materials and makes a determination, and that you can submit additional evidence before the review.

Step 2

If you’re still denied on reconsideration, you can request a hearing before an administrative law judge (ALJ). The ALJ hearing offers a more extensive opportunity to present evidence and witnesses, and the approval rate is higher at this stage. However, success at the hearing depends in part on knowing what type of evidence the ALJ will be looking for and how best to present it. An experienced SSDI attorney can be your best resource for building a strong case.

Step 3

If the ALJ denies your claim, you can appeal to the federal district court. This appeal is more complex than any of the previous stages. You must file a civil complaint in federal court and comply with all court rules and procedures. If you have been denied at the ALJ hearing, you'll want to contact an SSDI attorney as soon as possible.
Unfortunately, many people never receive the benefits they’re entitled to, because they don’t have the information and guidance necessary to win approval through the appeals process.

It doesn’t have to be that way. At Resolve Law Group, we have the experience necessary to build a strong case on your behalf and the will to fight for what you deserve.

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Fees in Social Security Disability Cases

If you can’t work and you’ve been denied disability, you’re likely concerned about attorney’s fees. The process is designed with that in mind. You don’t pay anything to your attorney up front, or while your case is underway. If for some reason you are not approved, you won’t owe any attorney fees for your disability case. Fees are based on the amount of back pay you are awarded and are never more than $6,000 no matter how much money you receive.

In other words, you have nothing to lose. Your initial consultation is free, and you won’t pay anything while your Resolve Law Group attorney fights for your benefits. You’ll have the advantage of a seasoned advocate at your side, assembling evidence, managing the procedural requirements and arguing your case. You’ll never pay more than 25% of the back pay owed to you, and in some cases much less.

Ready to Fight for Your Social Security Disability Benefits?

So are we.

Schedule your free consultation right now to learn more about how we can help. Call us now, fill out the contact form at the bottom of this page, or click in the lower right-hand corner of the page to chat.

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Whatever your legal issue, the best first step is to make sure you have reliable information and knowledgeable guidance.

We built Resolve Law Group–America’s Consumer Law Firm–to help ensure that people like you have access to the help they need, no matter where in the country they are.

To learn more about how we may be able to help, contact us right now. Fill out the contact form on the right, or call or email us today.
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