Can I Challenge the SSA’s Decision About My SSDI Eligibility?

Disabilities can take many different forms, and they can result from serious accidents or debilitating diseases. While some federal laws have a relatively broad definition of what constitutes a disability, such as the American Disabilities Act (ADA), it is important to know that the definition of a disability for purposes of SSDI eligibility is much narrower. If you recently applied for Social Security Disability (SSDI) benefits and the Social Security Administration (SSA) denied your claim, saying that you are ineligible, can you challenge that decision?

In short, the answer is yes. There are multiple stages at which you can appeal the SSA’s decision about your SSDI eligibility, but you will need to act quickly. Our national SSD eligibility attorneys can tell you more below, and we can speak with you today about your appeal.

How Does SSDI Eligibility Work?

In order to be approved for SSDI benefits, the SSA must determine that you meet both eligibility requirements: 1) medical eligibility, and 2) non-medical eligibility.

The first part, or medical eligibility, requires you to provide medical documentation that shows you have a condition that is expected to last for at least one year or to result in your death, and that prevents you from substantial gainful activity (or SGA). The second part, or non-medical eligibility, requires you to show that you have enough credits from working long enough and recently enough to qualify (most adults need 20 credits, earning four credits per year, though there are exceptions for younger workers).

How Can I Challenge the SSA’s Determination About My Eligibility?

If the SSA determines that you are not eligible for SSDI benefits, you can appeal:

• Your first option for appeal is called a “reconsideration,” and you can ask the SSA to reconsider its decision based on whether you were determined to be ineligible for medical or non-medical reasons;
• If the SSA still says you are ineligible upon reconsideration, you can request a hearing with an administrative law judge (ALJ);
• If you do not agree with the ALJ’s decision from a hearing, then you can request a review with the Appeals Council; and
• Finally, if you disagree with the Appeals Council’s determination, you can file a civil action in federal district court.

Before you take any of these appeals steps on your own, it is important to seek legal advice. Our firm can assess your eligibility for SSDI benefits and work to ensure that the SSA has all of the information it needs to determine you to be eligible for benefits so that you do not need to go through an extended appeals process.

Contact Our National SSD Eligibility Attorney for Assistance with Your Appeal Process 

If the SSA told you that you are not eligible for SSDI benefits either for medical or non-medical reasons, you have multiple options for appealing the decision that the SSA made. In many cases, especially when applicants submit an initial application themselves without legal assistance, minor errors result in the SSA determining that the applicant is ineligible. In these circumstances, our experienced national SSD eligibility lawyers at the Law Offices of Stephen Barszcz can often help you to successfully appeal your eligibility decision through an initial reconsideration. Even if we have to take your case to subsequent appeal stages, our firm is ready to assist you. Contact us today for assistance.

Source:

ssa.gov/apply/appeal-decision-we-made