When you have a disability due to an injury or illness, you might need to seek social security disability insurance (SSDI) benefits. A Santa Fe SSDI lawyer with Bailey & Galyen can help you make an SSDI claim that gets the approval that you deserve.
SSDI benefits can help cushion the blow from not working due to your disability. These benefits may not pay what long-term disability insurance might pay, but many people do not have a private insurance plan in the first place. Alternatively, there may be a reason why you might not qualify for private insurance benefits.
At Bailey & Galyen, we understand how stressful it is to be denied SSDI benefits when you truly need them. You have a lot at stake and need all the help you can get. As serious as a denial is, it is more common than you think. On initial applications, the government approves just 20 claims out of every 100.
Our experienced Santa Fe SSDI attorneys know the ins and outs of filing an effective SSDI claim. We jump through all the hoops and cut through the bureaucratic red tape to give you the best chance to obtain the benefits you need and deserve.
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Santa Fe SSDI Guide
- People Who Apply for SSDI Benefits Have a Profound Need
- Why the Social Security Administration Denies Benefit Applications?
- You Must Carefully Document Your Medical Disability
- How to Meet the SSA’s Definition of “Disabled”?
- You Can Appeal an Initial Denial of Your SSDI Application
- Requesting Reconsideration of Your Benefits Denial
- Appealing the Denial to an Administrative Law Judge
- Further Appeal Steps
- You Should Not Give Up Hope if Your Initial SSDI Application Is Denied
- When Should You Hire a Santa Fe SSDI Lawyer for Your Claim?
- Contact a Santa Fe SSDI Attorney
People Who Apply for SSDI Benefits Have a Profound Need
Currently, over ten million people receive SSDI benefits. Over eight million of the people receiving benefits are disabled workers. 1.4 million children of workers receive SSDI benefits.
Often, older workers with more limited education receive SSDI. They cannot easily transition to a new line of work when they are unable to continue in their profession due to a physical disability. These people may have already experienced a sharp drop in their earnings before a decision on their application, as they may have been unable to work for an extended period before they applied.
When people apply for SSDI benefits, they are likely at the end of their ability to work at all. Only 28 percent of people will have earnings after qualifying for SSDI payments. Most people will remain on the program permanently.
The Federal Government Can Make Life Hard for SSDI Applicants
Many people think they may have an easier chance of getting SSDI benefits because they are dealing with the federal government instead of an insurance company. They believe that there may be a greater chance of success since the federal government does not have a profit motive. Unfortunately, that is not really the case.
The federal government can treat people every bit as badly as an insurance company, even if it does not go out of its way to use questionable tactics. Although the federal government does not have the same profit motive as an insurance company, it has very stringent employees who review claims and are often unpersuaded by the information in front of them.
The percentage of SSDI applications that see an initial award of benefits has remained consistently low for decades. Currently, just over 20% of initial applications are approved, an astonishingly low rate that makes long-term disability insurance benefits easy to get by comparison.
Overall, the application acceptance rate is around 40 percent, meaning many people successfully convert denials to acceptances through some form of appeal. To have a chance at a successful appeal, you need an experienced Santa Fe SSDI lawyer who knows the system and how to file an effective appeal.
Why the Social Security Administration Denies Benefit Applications?
There are two primary reasons why the Social Security Administration denies a benefits application, and we will elaborate more on each below:
- Technical denials are when an applicant does not meet the legal or financial requirements for SSDI benefits.
- Medical denials are when the examiner does not think that you meet the requirements to show that you are disabled.
Qualifying for disability benefits is about more than just showing that you are disabled. There are other requirements to be eligible for benefits. SSDI benefits do not have anything to do with need. However, you need a work history that gives you credits to qualify for the program.
A common non-medical reason for denial is that the applicant does not have enough work credits. In addition, an applicant can earn too much to qualify for disability benefits. You may earn some money when applying for or receiving SSDI benefits, but not very much.
The number of technical denials has been increasing in recent years. One way to help avoid this situation is to consult a skilled Santa Fe SSDI attorney before you apply.
You Must Carefully Document Your Medical Disability
Medical denials also happen quite frequently. The examiner may disagree that you cannot work based on the medical information in front of them. Unlike many long-term disability insurance plans, SSDI benefits apply only when your disability prevents you from doing any work at all, instead of simply not working in your usual profession.
SSA examiners are busy people with large caseloads. They want to see the information in front of them on paper that clearly documents your medical condition. The examiner will not read into your file anything that is not there. You should have a comprehensive diagnosis from your doctor and test results as part of your application.
In addition, your application will need to show that you have done everything on your end to get medical treatment and follow your doctor’s orders. The examiner looks to see that you have consistently sought treatment and tried to recover from your illness or get help to the fullest extent possible.
How to Meet the SSA’s Definition of “Disabled”?
SSA publishes an extensive list of conditions it considers disabling for an SSDI application. If your condition is included on that list, the SSA presumes you have a disability and should receive benefits. The list is not an exclusive one. If your health condition is not on the list, you can still get SSDI payments if you can prove that your medical condition is disabling and of similar severity to those on the list.
The key is that your medical condition must interfere with basic work activities. In other words, you should be entirely unable to work. SSDI qualifying conditions are not temporary. You must expect your disability to last 12 months or more to qualify for benefits.
You Can Appeal an Initial Denial of Your SSDI Application
Like any denial of benefits, you can fight back when the government wrongfully refuses to pay you.
Federal law gives you several levels of appeal before a denial of benefits is final. Once you receive a letter that the government has denied you benefits, you should immediately contact an experienced SSDI attorney to handle your appeal.
You cannot and should not try to take on the federal bureaucracy alone. The odds are already in the government’s favor in the appeal process, so you should do everything you can to maximize your chances of winning.
Requesting Reconsideration of Your Benefits Denial
Your first step in the appeals process is requesting reconsideration from the SSA. If you request a reconsideration of a medical denial, you will get a completely different reviewer. You can add additional information to your application, which the reviewer will consider along with the initial application. Denied applicants can also request reconsideration of a non-medical denial.
You have a chance of winning at this stage of your appeal, although the numbers released by SSA seem low. Up to 8 percent of people are successful at the reconsideration phase of the appeal. Even if you do not win, it is far from the end of the story.
Appealing the Denial to an Administrative Law Judge
The next phase of the appeal process is to take your case to an Administrative Law Judge (ALJ). These are judicial officers, although they are not quite federal judges. They are SSA employees, but they are independent and will make their own decision about your appeal.
Around half of the people who appeal will win their case and receive benefits. The rate used to be even higher before the agency began auditing and reviewing ALJ decisions.
You can win your case when you show the ALJ that the agency made an error in denying your claim. The standard of proof in an SSDI appeal is what the law calls a “preponderance of the evidence.” You must show that relevant facts are more likely than not to be true.
The ALJ may or may not decide to have an oral hearing in your case. If your appeal is strong, and the ALJ believes that you have proven your claim based on the record, they may rule in your favor without calling for an oral hearing.
The hearing can be a short proceeding on the record in front of a judge. Hearings can last as little as an hour. You can call witnesses and present evidence in your favor. You always have the right to an oral hearing before an ALJ rules against you. Every applicant has a legal right to due process in a case that involves federal benefits.
Further Appeal Steps
Both you and the agency can appeal further if you are dissatisfied with the ALJ’s decision. The next step in the appeals process is taking your case to the SSA Appeals Council. You can have a panel review the ALJ’s decision to see if the judge made a mistake of law. You can also ask for an oral hearing in front of the Appeals Council.
You must act quickly after the ALJ has ruled against you because you have limited time to appeal. In a short period, you must put together an appeal that will convince a panel of judges that the initial ALJ erred.
If you are still unsuccessful at the Appeals Council phase of your case, you have one last route of appeal. You can bring your case to federal court, where a judge will review your application and the SSA’s decision to see if the ALJ and the Appeals Council made a mistake.
You Should Not Give Up Hope if Your Initial SSDI Application Is Denied
You should not give up hope if your initial decision on your SSDI application is a denial. There is still hope that you will win your case.
Roughly a third of SSDI recipients are people who had their initial application rejected but then fought and won. An experienced attorney will give you the best chance of success. You may need to persuade a judge by relying on complicated medical evidence.
Bailey & Galyen’s SSDI attorneys regularly help clients through the appeals process so they will know how to handle your case and the arguments you may need to make.
When Should You Hire a Santa Fe SSDI Lawyer for Your Claim?
Given how hard it is to get an initial application approved, we strongly recommend that you consider hiring an attorney to help you. A Bailey & Galyen SSDI lawyer can help you avoid common errors that increase the chances your application will end in denial.
Your attorney can work directly with the SSA during the application process. If your application receives a denial, an attorney is a must. Even though you can try to handle the appeal on your own, you will have very long odds of winning.
Contact a Santa Fe SSDI Attorney
The Santa Fe personal injury attorneys at Bailey & Galyen are determined and tenacious when pursuing SSDI applications or appeals. We leave no stone unturned because we know how much you need these benefits. If you have had your application denied, time is of the essence. The appeals process takes time, and you have tight timeframes.
You can receive a no-risk, free consultation, and you owe us nothing unless you win your case. Whether you need assistance filing an initial SSDI application with the SSA or want to discuss a denial, we are ready to meet with you. To set up a time to discuss your case, you can send us a message online or call us today at (844) 402-2992. Never delay.
Bailey & Galyen Attorneys at Law – Santa Fe Office
150 Washington Ave #201
Santa Fe, NM 87501
Phone: 505-524-2646
