Greeneville SSD Appeal Attorney

Denied social security disability application

Have you recently learned of the Social Security Administration’s (SSA’s) decision to deny your application for Social Security Disability (SSD) benefits? If so, you may feel frustrated and wonder how you can fight back.

Luckily, you have several opportunities to ask the SSA to reconsider its denial and seek the benefits you deserve. With the help of the trusted Greeneville attorneys of The Terry Law Firm, you can appeal the SSA’s decision with confidence and strength.

Contact us today to learn more about your legal options in a free consultation.

When Do You Need to Appeal a Social Security Decision?

When the Social Security Administration decides to deny your initial claim or award you less than the full benefits you are owed, you can file an appeal asking the SSA to reconsider their decision. An appeal is a formal request you make asking a higher authority to take another look at or reverse a lower authority’s decision.

Some common reasons the SSA might deny your Social Security Disability Insurance or Supplemental Security Income application or award you limited benefits include:

  • You earn too much money to be considered totally disabled under Social Security’s definition.
  • Your disability does not meet the criteria for a severe impairment.
  • Your disability is not expected to last longer than 12 months.
  • The SSA was not able to locate or communicate with you.
  • You failed to provide the SSA with complete medical records.
  • You failed to follow your doctor’s prescribed care plan.
  • Your disability is the result of drug addiction or alcoholism.
  • You are in prison or became disabled while in prison or committing a crime.
  • You attempted to obtain SSD benefits through fraudulent means.

Is It Best to File a New Application or Appeal the Social Security Disability Denial Decision?

Unless you miss the deadline for filing an appeal, it’s nearly always the best course to appeal an SSD denial instead of filing a new application. That is because, based on the SSA’s own reports, only about 1 in 5 first-time applicants are awarded disability benefits. If you start over with a new application, you’ll effectively be moving back to square one.

Fortunately, many applicants are successful at the reconsideration or administrative law judge hearing stage of appeals. You can significantly boost your chances of being awarded benefits by working with a knowledgeable Greeneville Social Security Disability appeals attorney.

How to Appeal a Social Security Disability Ruling

If your SSD application has been denied, don’t lose hope. You have the right to ask the SSA to re-evaluate its decision by filing an appeal. The stages of the SSD appeals process include:

  • Reconsideration – If you wish to challenge any aspect of the SSA’s decision, you can file a request for reconsideration within 60 days of receiving the initial determination. When the SSA reconsiders your application, someone who was not involved in making the initial determination will review it. This party will consider all of the original information included in your application as well as any new evidence you submit.

To request a reconsideration, you can visit the Appeal a Decision page on the SSA website. You also have the option to print a paper copy of the Request for Reconsideration (SSA-561-U2) form and send the completed paperwork to a local SSA office.

  • Administrative law judge hearing – If you wish to challenge the SSA’s reconsideration determination, you have the right to request a hearing with an administrative law judge (ALJ). The ALJ who hears your case will be someone who was not involved in the initial determination or reconsideration of your application.

You must submit your request for an ALJ hearing within 60 days of the date when you receive the notice for your reconsideration determination. You can either submit your request online or submit a completed Request for Hearing by Administrative Law Judge (HA-501) form to a local SSA office. The hearing will typically be held at a location within 75 miles of your home, but you may also be able to attend a virtual hearing.

  • Appeals Council review – If you wish to challenge the ALJ’s determination, you can request an additional review by the Social Security Appeals Council. The Appeals Council may deny your request for review if it decides to agree with the ALJ’s determination. If the Appeals Council determines an additional review is warranted, it will either send your case back to an ALJ or conduct the review itself.

You may request a review from the Appeals Council online or by submitting a completed Request for Review of Hearing Decision/Order (HA-520) form to a local SSA office.

  • Federal Court review – If you wish to challenge the Appeals Council’s review decision or if the council declined to review your case, your final option is to file a lawsuit in a U.S. District Court. You must file this lawsuit within 60 days of your receipt of the Appeals Council’s determination. Since there is no simple way to request a federal court review, it’s best to work with a knowledgeable SSD lawyer if you reach this stage of the appeals process.

If the federal court determines your case requires further review, it can either return the case to the SSA or initiate a new hearing and come to a decision on its own. Depending on the court’s decision, it may order the SSA to award you benefits or have your case dismissed.

 How Long Do I Have to File an SSD Appeal?

The amount of time you have to file an SSD appeal depends on where you are in the appeals process. However, in most cases, you will have 60 days after receiving notice of any SSA decision to file a request for appeal. An experienced attorney can help you identify and meet critical deadlines for your case.

How The Terry Law Firm Helps Claimants Appeal SSD Denials

The Greeneville attorneys at The Terry Law Firm can help you through the process of appealing your SSD determination by:

  •  Accessing the medical records you need to support your disability claim
  • Compiling financial documentation that demonstrates your financial need
  • Working with medical and vocational experts who can testify regarding your disability or inability to work
  • Interviewing reliable witnesses who can support your case
  • Preparing an error-free SSD application and managing important filing deadlines on your behalf
  • Advocating on your behalf during all stages of the appeals process

Contact the Greeneville SSD Appeal Lawyers at The Terry Law Firm

Appealing a denial of Social Security Disability benefits can feel daunting, but there’s no reason to handle this process alone. At The Terry Law Firm, our knowledgeable legal team has more than 50 years of combined experience fighting for the rights of injured and disabled people in Greeneville, TN.

Contact our firm today to discuss the details of your situation with a Social Security Disability lawyer in a free initial case review.

Social Security Disability

Am I eligible for Social Security Disability benefits?

Social Security will pay you benefits if you cannot work because you have a medical condition that is expected to last at least one year or result in your death. This description is the federal government’s definition for disability and will be used to determine whether your situation qualifies you for disability benefits. The definition limits the disability payments to long-term only and does not give money to people with partial disability or short-term disability. Primarily, if you have paid enough in Social Security taxes – at least half of the working quarters since you turned 21 years of age – you are eligible to file a claim for Social Security Disability if you become disabled.

To get disability benefits, in addition to meeting the disabled definition, you must also meet two different earnings criteria:

  1. A “recent work” test based on your age at the time you became disabled; and
  2. A “duration of work” test to show that you worked long enough under Social Security.

Who decides if my disability entitles me to SSDI?

The Social Security office will review your application to determine whether you worked enough years to qualify and to assess the level of your current work activities. If you meet these criteria, your application will be passed on to the Disability Determination Services office in your state which completes the disability decision for the Social Security office.

The state agency will ask your doctors and specialists for information about your condition and will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information.

Specifically, they will ask the medical team for the following information:

  • What your medical condition is
  • When your medical condition began
  • How your medical condition limits your activities
  • What the medical tests have shown
  • What treatment you have received

In addition to the above, they also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled. Additional medical information may be needed before a final decision can be made. It is possible that the state agency will ask you to go for a special examination. Although the preference is to use your current doctor, the exam may be conducted by another qualified physician.

How long will my application process take?

According to the Social Security Administration the length of time it takes to receive a decision on your disability claim can take from three to five months.

It can vary depending on several factors, but primarily on:

  • The nature of your disability;
  • How quickly medical evidence is obtained from your doctor or other medical source;
  • Whether it is necessary to send you for a medical examination in order to obtain evidence to support your claim; and
  • If your claim is randomly selected for quality assurance review of the decision.

Is there an alternative to the full application process?

Yes. The Social Security Disability Insurance has an initiative called Compassionate Allowances (CAL). This is a process whereby the Social Security office can provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. There are 88 qualifying rare diseases and cancers on the list. Compassionate allowances allow the office to quickly identify diseases and other medical conditions that qualify under the Listing of Impairments, based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals and get their benefits to them.

Is my family eligible to receive benefits?

It is possible that certain members of your family qualify for benefits based on your condition and your previous work.

Those family members include:

  • Your spouse, if he or she is 62 or older
  • Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled
  • Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under age 18 or under age 19 if in elementary or secondary school full time
  • Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)
  • Your divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.