Disability benefits such as Social Security Disability Insurance (SSDI) may assist individuals who are living with disabilities to face these challenges more proactively. Benefit applications may not only call for incredibly detailed information in order to qualify, but the information must be presented in specific ways to be successful.
Should the initial application not be accepted, the process of appeal and reconsideration could be complex without a Will County SSDI Lawyer help, and any mistakes might lead to significant delays in the reception of benefits or possibly even end in a denial. An experienced personal injury attorney could evaluate your case and fight to secure the disability benefits you are legally entitled to.
Filing an Appeal after a Denial of Benefits
While the Social Security Administration (SSA) rarely denies that a plaintiff has a medical diagnosis, they may deny that the applicant proved the legal requirement of being totally disabled.
If an applicant receives a denial of benefits, there is a process they could go through to appeal the decision. As with any federal or governmental application process, there are strict measures one may need to follow. The Social Security Administration states that if the applicant wishes to appeal, they must make a request in writing within 60 days of the date of the denial letter.
Key Legal Elements for an SSDI Claim
Many Social Security Disability applicants wait for an average of one to two years before being heard by an administrative law judge (ALJ). While may not be possible to avoid a denial of an initial Social Security Disability claim or the ensuing wait for a response to an appeal in every case, working with an SSDI attorney in Will County may increase a plaintiff’s chances of obtaining a favorable decision at the initial stage of the disability application process.
Many claims are denied because the medical evidence submitted to the judge is not enough to prove that the plaintiff is completely disabled. Reasons for such an outcome may include:
- The Social Security Administration’s staff members may have misinterpreted the medical records
- The applicant submitted insufficient medical records
- The doctor did not understand the legal requirements for SSDI benefits
There are various other reasons why the judge may decide there is not enough evidence to prove the claim. A person could contact an attorney to check if the evidence may hold up to the legal standards necessary for approval.
Time Limits for Social Security Disability Claims
Applicants may not realize they must have a certain number of work credits in order to successfully file an SSDI claim. The SSA determines the number of credits an applicant needs, a figure which may depend on how recently the applicant has worked and various additional details of their time in the workforce.
First These credits could expire, typically within five years of when the individual stops working. People working seasonal or part-time jobs might not earn credits as quickly, which may affect SSDI eligibility. Whether an applicant is waiting in hopes that their condition would improve, for new treatment options, or waiting for a doctor to support the applicant’s case, there are no exceptions to this rule.
The Social Security Administration does not send an expiration notice to those that may be eligible for benefits. If an applicant wants to find out if they have enough credits to file a claim, they should contact the SSA or a knowledgeable SSDI lawyer in Will County.
Contact a Will County SSDI Lawyer
If the Social Security Administration denied you disability benefits, it might not mean you are not disabled or necessarily that you will never be able to obtain benefits. A Will County SSDI lawyer could help you prepare your initial application and, if the situation demands it, fight to protect your rights in administrative hearings or appeals. To learn more about your options, call today to schedule a consultation.