Social Security benefits for those too disabled to work can be a valuable source of income. Investopedia notes that the program is officially called the Old-Age, Survivors, and Disability Insurance Program. 

People who hope to collect benefits from the program must submit a claim for benefits, and have that claim approved. This can be a challenging process. Additionally, claims for benefits may be denied. Those who have experienced a Social Security disability application denial may file an appeal.

A lawyer can help you put your best foot forward if you have had your application for Social Security benefits denied.

Who qualifies for Social Security disability benefits?

When we think of beneficiaries of Social Security, we often think of retirees and their spouses. However, many people who collect Social Security benefits are people who have a disability, whether or not they’ve reached retirement age.

In the case of people who are disabled, the amount of benefits for which one may qualify depends on how much they have paid into Social Security over the course of their working lives.

To qualify for Social Security disability benefits, you must have worked “long enough and recently enough” to have earned enough Social Security credits. The Social Security Administration notes that in general, you need to have accrued 40 credits, 20 of which were accrued in the last 10 years, to qualify for disability benefits. Credits are assigned based on wages you have paid into Social Security over the course of your career.

The Social Security Administration also explains that if you are a younger worker, you may qualify even though you have collected fewer credits.

What to Do About a Social Security disability denial?

If you receive a Social Security benefits denial, you will get a letter explaining why your claim was denied. This letter will help guide you if you decide to file an appeal, says the Social Security Administration.  

The first step in appealing a denial is having your appeal reconsidered by the same process by which it was denied. If this is unsuccessful, you can ask for a review of your claim by Social Security’s Appeals Council. The council may approve your request or deny it.

If your appeal is denied again, you can take further action, including having a hearing by an administrative law judge, and finally, it can be reviewed by Federal Court.

Will my benefits continue during my appeal process?

You can request that your benefits continue if your claim has been denied. This may be the case if your disability benefits have been canceled because you are determined to not be disabled anymore. You can also request that your benefits continue if you are appealing a decision to have your bents reduced or suspended.

Can a lawyer help me appeal my Social Security disability denial?

The process of applying for Social Security benefits can be a complicated one, as can the process of appealing a denial of benefits.

A lawyer can help you navigate this process easily, and can help you build the strongest case possible. This may involve gathering the necessary documentation to appeal your claim denial, or may involve helping you take your appeal all of the way to federal court for review.

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This article is not legal advice. It is presented
for informational purposes only.