Appealing a Denial

The Social Security Administration denies a large number of initial claims, but even if your claim is denied, there is still hope. There are ways to overcome a Social Security denial.

Chihak & Gustad has an extensive record of success obtaining disability benefitsYou can get disability benefits if you: are under full retirement age, have enough Social Security credits and, have a severe medical impairment (physical or mental) that’s expected to prevent you from doing "substantial" work for a year or more, or have a condition that is expected to result in death. for people throughout the Puget Sound area. We work with clients at all stages of the process — from preparing the initial application to appeals in the federal court system.

If your claim has been denied, our firm can represent you. We understand the appeals system, and how to get a Social Security claim approved.

Call us toll free at (888) 723-4141 to schedule a free consultation about a Social Security denial.

Success in Social Security Denial Cases

Many claims for Social Security DisabilityAn impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests. and Supplemental Security IncomeA Federal supplemental income program funded by general tax revenues (not Social Security taxes). It helps aged, blind, and disabled people, who have little or no income by providing monthly cash payments to meet basic needs for food, clothing, and shelter. benefits are denied upon the initial application. For this reason, it is important to work with an attorney as early in the process as possible. Even if your initial claim was denied however, you may still be able to obtain benefits.

There are four levels at which a claim for Social Security benefits process can get approved:

Initial review of claim — Social Security employees, doctors and vocational experts will review your claim to see if your disabilityAn impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests. or illness qualifies you for benefits. If your claim is denied, you have 60 days to file a Request for Reconsideration.

Request for Reconsideration — Social Security employees, doctors and vocational experts will again review your claim to see if your disabilityAn impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests. or illness qualifies you for benefits. Social Security statistics show that in Washington state, 89% of claimants are denied at the reconsideration stage of the appeal process.

Administrative hearing — Claims that are denied at reconsideration are appealed to the Office of DisabilityAn impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant's death. But this is not the end of the qualifying tests. Adjudication and Review, by filing a Request for Hearing. This must be done within 60 days of receiving the reconsideration denial. When the hearing is scheduled, a vocational expert is almost always called as a witness, and frequently a medical expert will be called. The administrative law judge (ALJ) will have read the medical evidence before the hearing and the ALJ will listen to the claimant's testimony. Then the ALJ will ask questions of the medical expert regarding the claimant's diagnoses and limitations. After the medical expert has testified, the ALJ will ask questions of the vocational expert and obtain a summary of the claimant's past work experience over the last 15 years. The ALJ will ask the vocational expert what jobs would be available to the claimant under a particular set of restrictions. That question, usually referred to as a "hypothetical," will be fairly detailed. After the vocational expert has answered, the ALJ may inquire about additional hypotheticals. Depending on the mental and physical restrictions that the ALJ actually finds apply in the case, the ALJ may allow benefits, deny benefits, or decide that the person became more restricted at a certain point, and allow benefits only back to that point.

If your claim is denied at this stage, you have 60 days to seek a review by the Appeals Council.

Review by Appeals Council — If the decision is unfavorable or partially favorable, claimants have the option of filing a new claim, appealing to the Appeals Council, or both. The claimant has 60 days from the receipt of the decision to file a Request for Review of Hearing Decision/Order.

Federal court — If the Appeals Council denies the claim, an appeal must be filed in U.S. District Court.

Attorney Referral

Chihak & Gustad welcomes referrals from other attorneys.

Contact a Social Security Lawyer

For a free initial consultation with Chihak & Gustad, about a social security denial, call toll free (888) 723-4141 or send us an e-mail.