If you were denied Social Security Disability benefits, do not panic. You can re-apply! Call us at the number above so that we can assist you with an answer to your question of can you re-apply for Social Security Disability.
A Crest specialist will review the decision from the Social Security Administration and determine exactly why you were denied in the first place. Once we know why you’ve been denied, we can begin to help you collect the necessary documentation to correct the error.
Reasons Why You Might Be Denied Disability Benefits
Some of the reasons why you might be denied Social Security Disability benefits include:
- You make too much money. If you make more than $1,220 a month, you will be denied.
- Your disability will not last at least 12 months.
- You did not comply with requests from the SSA for information or medical records.
- The SSA cannot locate you.
- Your disability is based on a drug addiction or alcoholism.
- You have been convicted of a crime.
- You committed fraud.
- You did not follow the treatment prescribed by your doctor.
There are exceptions to not following the treatment prescribed by your doctor. The following are approved exceptions:
- You cannot pay for treatment.
- It’s against your religious beliefs.
- The doctor prescribed treatment that is not effective.
- You have a mental illness that prevents you from following the prescribed treatment.
If you believe that your case does not fit the reasons why you might be denied benefits, then consider re-applying or appealing the initial decision.
The Appeals Process
The steps to appeal can be lengthy and complicated when going through the process alone, which is why we recommend working with a representative such as Crest.
Here is an outline of the steps required in the appeals process:
1. Request for Reconsideration. This is the first level of the appeal, and it must be filed within 60 days of the date on your denial letter. Reconsideration is done by the same state agency that denied you in the first place, so it’s likely that you will be denied again.
2. An Administrative Law Judge. If your appeal at the request for reconsideration fails, which will likely happen, you must request a hearing. Our office can assist with filing the correct forms promptly.
The appeals process leaves the state level at this point and the hearing will be held before an Administrative Law Judge. This Judge has more power and leeway than the state agency. This is your best bet to getting your denial overturned.
3. The Appeals Council. If you want to appeal the Administrative Law Judge, you’ll have to request a hearing before the Appeals Council. The Council will allow you to present additional evidence, which we would help you collect, and they will reconsider your case.
4. Federal District Court. Finally, if you want to appeal the decision of the Appeals Council, this will have to be filed in your local U.S. District court.
It’s very important to not go through this alone especially once you began to appeal in front of an Administrative Law Judge.
When To Appeal the SSA Decision
Your appeal must be filed within 60 days of the denial decision as dated in the letter, not when you receive the letter. If you wait longer than 60 days, you will have to start over and re-apply at the initial level and get denied all over again.
Don’t waste time. Call us today at the number above so we can help you appeal and re-apply for Social Security Disability benefits. A denial does not mean you cannot win disability benefits. Don’t lose hope and contact us today!