Understanding Your Denial
If your Social Security Disability claim has been denied, you may be upset, angry, frustrated or confused. If you find yourself in this stressful situation, it is important to know how to proceed.
The first thing to do is to understand why you were denied. There are two types of denial – technical and medical.
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Technical denials happen before your claim ever arrives at the Disability Determination Services (DDS) office. This occurs because you do not meet the basic eligibility requirements. For Disability Insurance Benefits, it may be that you do not have enough work credits based on the FICA taxes that you have paid into the system over your years of work. For either SSD or SSI, it could be due to the fact that you are working and your wages are more than the current limit.
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“Not Disabled Under Our Rules” – Medical Denials
Medical denials occur at the DDS office. Once your medical records were ordered the DDS examined them and determined that the available records do not show that your disability will keep you from working for at least 12 months.
If you are denied for medical reasons, you can appeal the decision. Talking to an experienced Social Security Disability attorney can help you decide what the best thing to do is. A lawyer can help you navigate the appeals process to receive a favorable decision at your hearing.
If you receive a denial letter, it is important to move forward quickly. In Pennsylvania, you must file a Request for Hearing within 60 days of your denial. . In Ohio and West Virginia, you must file a Request for Reconsideration within 60 days, and if that is denied, you must then file a Request for Hearing. Making sure to meet the deadline is important. If you pass 60 days, you will have to file a new application, which could cost you some benefits.
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