How Can I Prove SSD Eligibility If I Was Just Denied?

Did you expect to be found eligible for Social Security Disability Insurance (SSDI) only to be denied? Denials can happen based on different eligibility issues. As you likely know if you have applied for benefits, there are two different requirements you must meet to be eligible for SSDI payments: you must have a disability according to the definition used by the Social Security Administration (SSA), and you must have sufficient work credits. If there is a question about your disability eligibility based on your medical records, you can be denied for medical reasons. If there is a question about your work history and your credits, you can be denied for non-medical reasons.

The good news is that, even if you have been denied benefits, you can take steps to prove your eligibility and to be approved for benefits upon appeal. The process for proving that you are eligible will depend on the reason for the denial and the stage of your application and appeal.

Proving Medical or Disability Eligibility After a Denial

Were you denied because the SSA said your medical condition does not meet the requirements necessary to show you have a disability? To prove that you are eligible based on your medical condition, you must have medical evidence from an acceptable source that shows you have a condition that is expected to last at least 12 months or to result in your death, and it must prevent you from engaging in substantial gainful activity (SGA).

If you received a disability or medical denial, we can assess the materials you provided to the SSA and can determine what information you will need to prove your eligibility going forward. It is possible that your medical record was incomplete or that the evidence came from a provider who is not recognized as an acceptable source by the SSA. All of this can be corrected in the appeals process.

Proving Non-Medical Eligibility After a Denial

If you were denied for non-medical reasons — meaning that the SSA said you did not have enough work credits, or work long enough or recently enough to qualify — we can look into your work history and determine whether you are in fact eligible. If so, we can resubmit revised information and missing evidence if necessary.

Determining the Appeals Stage and Next Steps in the Process

After you determine which type of eligibility you must prove in your appeal, you will then need to determine the next steps in the appeals process. After an initial denial, these are the stages of appeal:

• Reconsideration;
• Hearing with an Administrative Law Judge (ALJ);
• Appeals Council hearing; and
• Federal district court lawsuit.

Contact a National SSD Eligibility Attorney for Assistance with Your Reconsideration and Appeal 

If you were denied SSDI benefits from the SSA because you did not meet an eligibility requirement, you can appeal the decision, as we have discussed above. The method of appeal will depend on the reason for your denial and the stage of the appeals process. Whether you need assistance proving disability (medical) eligibility or non-medical eligibility, and whether you need assistance at the early appeals stage of reconsideration or further on in the appeal process, our firm can help. One of the experienced national SSD eligibility lawyers at the Law Offices of Stephen Barszcz can discuss your SSDI eligibility with you today and can begin working with you on a plan to appeal your denial. Contact us for additional information.

Sources:

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

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