Houston Social Security
Disability Attorney

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Photo of David Dopkin

What if your Social Security Disability claim is denied?

On Behalf of | Aug 16, 2022 | Social Security Disability

Getting Social Security Disability can be difficult, even though it appears to be a straightforward process. On one hand, you know that you need to show you have a disability, and you may have an obvious one. On the other, the Social Security Administration has to be sure that those who are receiving benefits actually have disabilities, or else people who could be working and bringing in an income would be draining the benefits system instead.

This problem is why many people end up getting denied when they apply for Social Security Disability benefits, even though they may need them. The SSA is so cautious that it wrongfully denies some people, and in other cases, the evidence just isn’t strong enough to result in an approval.

How can you appeal if your Social Security Disability claim is denied?

You have a right to appeal if your initial Social Security Disability claim has been denied. You have only 60 days from the date you receive the notice about the denial to decide to make an appeal. If you don’t do so within 60 days, that doesn’t mean you can’t reapply for Social Security Disability benefits. It just means that you won’t be able to appeal this particular application.

What happens if you don’t have enough time to appeal the case?

If there is a good reason why you didn’t respond to the denial within 60 days, the SSA may agree to let you appeal later. If you decide to work with an attorney, your attorney can reach out with a written request to extend the time you have to appeal.

If you receive a denial and want to appeal, take these steps

In the case that you receive a denial and decide you want to appeal, it’s wise to take a few steps to look into your options. For example, you can first review the reason for the appeal and then get legal information about appealing that decision based on other factors involved in your case. Collecting evidence of your condition, as well as fixing errors in the application, may help you get the approval you’ve been looking for.