Episode 8: In today’s episode, Trevor Smith, social security disability attorney at Smith and Wax Law in Louisville, discusses “What happens when your SSDI claim gets denied?”
First off it is very important to understand that having your social security claim denied is completely normal. Sometimes it feels as though they want you to give up and stop trying. Getting denied is really just part of the process.
Usually people come to Smith and Wax to start the claim or to take action to appeal the denial.
At the beginning, you’ll make your application and it could take them about 120 days to make a decision. Most of the time, the first decision is no, but you cannot get discouraged. Trevor is prepared for it and is ready to take control. He will file the first appeal, which is called “request for reconsideration”, which is usually denied again.
It is not rare to be denied your first two times. After the second time Trevor will file a hearing in front of a judge. That is where most cases will end up and the judge will decide. The first two decisions are all based on someone who doesn’t know you, but with the judge it becomes personal. The advice you should understand is to not get discouraged when your SSDI claim gets denied. There are still available options.
Even if the judge says no, you can still appeal. This is called an “appeal to the appeals counsel”, which could take 6 months to a year for them to decide. Sometimes after the judge saying no, you could completely just start the case over if you did not want to appeal it again.
When you come to the decision on if you should start over or not, it can become challenging to know what will work for you. A huge negative to starting over is that you lose all the backpay that you had built up in your claim. Backpay is the money that you are not receiving during this case, which adds up quickly.
If the appeals counsel says no, you still have one more option which is a lawsuit. This is where you would be basically suing the Social Security department. For this to happen, you will have to pay some money up front and they are very time consuming. You will also be going up against the United States Attorney’s office and it’s a big deal.
Communication is key throughout this whole process because for each denial there is a 60-day opening to appeal and if you miss that window it can be devastating. There are things that Trevor can do to help with these situations where he can start a new claim and ask to reopen the old claim.
It can be an extremely long process for some people, but it is important to not get discouraged and to never give up when your SSDI claim gets denied. If you can’t work a 40-hour work week, contact Trevor Smith at Smith and Wax Law. He and his firm will do their best to get you what you deserve.
Claim Denial Video: https://www.facebook.com/SmithandWaxLawOffices/videos/480831219118989/
Podcast on Filing SSI Claims for Children: http://www.smithandwaxlaw.com/2020/05/child-qualify-ssi-benefits/
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.