I am frequently asked the question “What should I do if my claim for Social Security Disability benefits gets denied?”. The answer, however, depends on the specific facts of the person’s situation. In general, though, there are at least five (5) things you should do if your claim for Social Security Disability benefits is denied.
- You must file an appeal within sixty (60) days of the date of the denial letter. Depending on the state in which you live, that may be either a Request for Reconsideration or a Request for Hearing. In Alabama, it is a Request for Hearing, but in Florida it is a Request for Reconsideration. If you miss the deadline, you may be excused for filing late, if you can establish “good cause”, but this is generally difficult to establish, so it is best to get the appeal filed on time.
- If you are denied after reconsideration (if, for example, you live in Florida) you have sixty days to request a hearing with an administrative law judge.
- If your claim is denied by an Administrative Law Judge, you should request a review of the decision by the Appeals Council.
- If you are denied by the Appeals Council, you can file a lawsuit in federal court.
- Before you do any of these things, you should seek the advice get help from a seasoned Mobile or Pensacola Social Security Disability attorney. There are a lot of factors that come into play in establishing eligibility for Social Security Disability benefits. If you would like additional information or would like to set-up an appointment for a free initial social security disability evaluation, please contact us via our contact form or call us at 251.478.5297 in Mobile or at 850.479.3552 in Pensacola.