Receiving a Social Security Disability denial can be frustrating, particularly when a medical condition has already prevented you from working and earning your normal income.
However, a denied Social Security Disability claim does not necessarily mean your case is over.
The Social Security Administration provides an appeals process that allows applicants to challenge unfavorable decisions. Depending on where your case stands, an appeal may involve reconsideration, a hearing before an administrative law judge, Appeals Council review, or federal court.
If you are wondering who can help with a Social Security Disability appeal, a Social Security Disability attorney can review the reason for your denial, identify weaknesses in the evidence, manage appeal deadlines, help develop the medical record, prepare you for a hearing, and represent you throughout the applicable stages of the appeal.
Brady & Kunz helps New Jersey disability claimants pursue SSD benefits and appeal denied claims.
What Should You Do After Your SSD Claim Is Denied?
First, do not ignore the denial notice. Read the decision carefully. It should provide important information about the decision and your right to appeal.
Social Security appeals are subject to deadlines. In general, a claimant has 60 days after receiving the decision to request the next level of appeal.
Rather than immediately starting a completely new application, it is important to understand why the existing claim was denied and whether appealing that decision is the appropriate next step.
An SSD lawyer in NJ can review the denial and help determine what issues need to be addressed.
For a broader explanation of eligibility and disability claims, visit our Social Security Disability practice page.
Why Are Social Security Disability Claims Denied?
Social Security Disability claims can be denied for medical, technical, or procedural reasons.
Common problems may include:
- Insufficient medical evidence
- Incomplete medical records
- Failure to establish significant functional limitations
- Inconsistent information
- Missed deadlines
- Failure to respond to SSA requests
- Work activity or earnings issues
- Insufficient work credits for SSDI
- Failure to follow prescribed treatment without an acceptable explanation
- Evidence suggesting the applicant can perform previous or other work
A denial does not necessarily mean Social Security believes you do not have a medical condition.
The issue may instead be whether the evidence demonstrates that your condition satisfies the agency’s definition of disability.
Understanding why the claim was denied is therefore one of the most important parts of preparing an SSD appeal.
How Does the Social Security Disability Appeals Process Work?
The SSD appeals process contains several potential stages.
The stage that applies to your case depends on the decision you are challenging.
Step 1: Reconsideration
For many claimants, the first appeal after an initial denial is a Request for Reconsideration.
During reconsideration, Social Security conducts another review of the claim. This review generally considers the existing record along with applicable new evidence.
This is an opportunity to identify weaknesses in the initial application and provide additional information that may strengthen the claim.
Simply resubmitting the same information without addressing the reason for denial may not solve the underlying problem.
Step 2: Administrative Law Judge Hearing
If the reconsideration decision is unfavorable, you may request a hearing before an administrative law judge, commonly called an ALJ.
The disability hearing is an important stage because it provides an opportunity for the judge to evaluate the claim and ask questions directly.
Questions may address:
- Your medical conditions
- Symptoms
- Treatment
- Medications
- Daily activities
- Previous employment
- Physical limitations
- Mental limitations
- Ability to perform previous work
- Ability to perform other work
Vocational or medical experts may also participate depending on the case.
Preparation can be particularly important at this stage. Your testimony should be accurate and consistent with the medical evidence and other information contained in your disability record.
Step 3: Appeals Council Review
If an administrative law judge issues an unfavorable decision, the next potential stage is requesting review by Social Security’s Appeals Council.
The Appeals Council evaluates whether there is a basis to review the judge’s decision.
Depending on the circumstances, it may deny review, issue a decision, or return the case for additional proceedings.
Step 4: Federal Court
After completing the applicable administrative appeals process, certain disability claims can be challenged in federal district court.
Federal litigation involves different procedures from earlier stages of the Social Security Disability process, making experienced legal representation particularly important.
How Can a Social Security Disability Lawyer Help With an Appeal?
A disability appeal is more than filling out another form.
An experienced Social Security Disability lawyer in New Jersey can examine the reason for the denial and develop a strategy focused on the issues that need to be addressed.
Legal representation may include:
Reviewing the Denial
The first step is understanding why Social Security issued an unfavorable decision.
An attorney can review the decision and claim record to identify issues involving medical evidence, work history, functional limitations, or other eligibility requirements.
Developing Medical Evidence
Medical evidence is central to most disability claims.
A lawyer can help identify relevant treatment records and determine whether additional evidence may better document how your condition affects your ability to function and work.
Meeting Appeal Deadlines
Missing an appeal deadline can create significant problems.
An attorney can help manage required filings and ensure that your appeal moves through the appropriate process.
Preparing You for an ALJ Hearing
A disability hearing can be unfamiliar and stressful.
Preparation helps you understand what to expect, what types of questions may be asked, and how to accurately describe your symptoms and limitations.
Representing You at the Hearing
Your attorney can present your case, address evidence, question witnesses when appropriate, and advocate for you before the administrative law judge.
Why Medical Evidence Is Critical in an SSD Appeal
A diagnosis alone does not automatically establish disability.
Social Security needs evidence showing how your medical condition limits your ability to perform work-related activities.
Depending on your condition, useful evidence may include:
- Physician treatment records
- Specialist reports
- Hospital records
- Diagnostic imaging
- Laboratory testing
- Mental health treatment records
- Medication history
- Surgical records
- Physical therapy documentation
- Functional assessments
The evidence should help explain what you can and cannot do because of your condition.
For example, relevant limitations may involve your ability to sit, stand, walk, lift, concentrate, remember instructions, interact with others, maintain attendance, or perform tasks consistently.
What Happens at a Social Security Disability Hearing?
An SSD hearing is different from a traditional courtroom trial.
The administrative law judge reviews the evidence and asks questions intended to better understand your medical conditions, work history, symptoms, and functional limitations.
A vocational expert may also answer questions about your previous employment and whether someone with particular limitations could perform certain jobs.
Your attorney can prepare you for the hearing, review the evidence beforehand, identify issues likely to arise, and advocate for your position during the proceeding.
The goal is to present an accurate, consistent, and well-supported explanation of why your medical limitations prevent you from performing substantial work.
Can Mental Health Conditions Be Appealed After an SSD Denial?
Yes. Social Security Disability benefits are not limited to physical illnesses or injuries.
Conditions such as severe depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, and other psychiatric conditions may potentially qualify when they satisfy Social Security’s disability requirements.
Mental health claims can present particular evidentiary challenges because symptoms and limitations are not always reflected by imaging or laboratory tests.
Treatment records, medication history, psychiatric evaluations, therapy notes, and evidence concerning concentration, social functioning, attendance, and daily activities may become particularly important.
Should You Appeal or File a New SSD Application?
After receiving a denial, some applicants assume that starting over with a new application is easier. That is not necessarily the best approach.
Filing a new application instead of pursuing an available appeal can have consequences depending on the circumstances of your case.
Before abandoning an existing claim, consider speaking with an SSD attorney who can review the denial, applicable deadlines, and procedural history.
The appropriate strategy depends on your individual situation.
Why Choose Brady & Kunz for a Social Security Disability Appeal?
Brady & Kunz has more than 30 years of experience helping clients navigate legal challenges, including Social Security Disability matters.
We assist clients with:
- Initial SSD applications
- Denied disability claims
- Requests for reconsideration
- Medical evidence
- Administrative law judge hearings
- Social Security Disability appeals
Our goal is to understand how your medical condition affects your ability to work and present that information clearly through the appropriate disability process.
Brady & Kunz also has documented SSD results, including more than $90,000 in past-due benefits, full disability benefits, and medical coverage in a case involving depression and anxiety.
Results vary based on the unique facts, circumstances, and legal issues of each case.
If you want to better understand how Social Security evaluates disability, our guide to the five-step disability determination process explains the framework used when reviewing claims.
You can also read about the importance of legal representation in an SSD claim.
Social Security Disability Appeals in Ocean and Monmouth Counties
Brady & Kunz assists Social Security Disability claimants throughout New Jersey, with a strong local presence in Ocean and Monmouth counties.
Our office is located in Toms River, and we serve disability claimants throughout communities including Brick, Lacey, Manchester, Berkeley Township, Stafford Township, Point Pleasant, and surrounding areas.
We also assist claimants throughout Monmouth County.
Whether you are preparing an initial claim or appealing a denial, our team can help you understand the process and your next steps.
Denied SSD Benefits? Talk to Brady & Kunz About Your Appeal
A denial can be a setback, but it does not necessarily have to be the end of your Social Security Disability claim.
Because appeal deadlines apply, it is important to understand your options promptly.
Brady & Kunz can review your denial, explain the next stage of the appeals process, help develop supporting evidence, and represent you as your claim moves forward.
Schedule a free Social Security Disability consultation with Brady & Kunz or call 732-240-4600 to discuss your denied SSD claim.
FAQ
What should I do if my Social Security Disability claim is denied?
Read the denial notice carefully and identify your deadline to appeal. In general, Social Security provides 60 days after you receive a decision to request the next level of review. Consider speaking with a Social Security Disability attorney before abandoning the claim or submitting a new application.
Who can help me appeal a denied Social Security Disability claim?
A Social Security Disability lawyer can help review the denial, identify weaknesses in the original claim, gather supporting medical evidence, file the appropriate appeal, prepare you for a hearing, and represent you before an administrative law judge. Brady & Kunz assists disability claimants throughout New Jersey with denied SSD claims and appeals.
How long do I have to appeal an SSD denial?
Generally, you have 60 days after receiving the Social Security decision to request the next level of appeal. Specific circumstances can affect deadlines, so you should review your notice carefully and take action promptly rather than waiting until the deadline approaches.
What happens at a Social Security Disability appeal hearing?
An administrative law judge reviews your disability case and may ask questions about your medical conditions, symptoms, treatment, work history, and daily limitations. A vocational or medical expert may also participate. Your attorney can prepare you beforehand and represent you during the hearing.
Do I need a lawyer to appeal an SSD denial?
You are not required to hire a lawyer, but legal representation can be particularly valuable during an appeal. An attorney can identify issues with the original claim, develop medical evidence, manage deadlines, prepare you for an administrative law judge hearing, and advocate for your eligibility for disability benefits.
