Are There Alternatives to Continue Fighting if the Case is Denied?

Of course. The Social Security Administration has a Social Security Disability program available in the USA, Puerto Rico, and USVI. Through it, you can receive benefits in case you suffer from an illness that prevents you from working. But first you have to prevail!

What happens if your application for disability benefits has been denied? There are alternatives that you can resort to such as a request for reconsideration, request for an administrative hearing or request for review before the Appeals Council, depending on what stage the case is at. The help of a lawyer who is dedicated to Social Security claims, such as our Fuentes & Fuentes law firm, will be essential to obtain approval of your benefits.

Alternatives to continue fighting if the case is denied

If you do not agree with the decision made by the Social Security Administration, you have the right to request a reconsideration as a first alternative.

Reconsideration

For medical decision. If your disability benefits have been denied for medical reasons, you can request a case reconsideration. How? Making an appeal online. Additionally, this is a step that involves a thorough review of your claim. This Social Security Disability review is conducted by a person who was not involved in the first decision. In this way, all the evidence presented will be examined, including the original and any other new medical evidence. Please contact us as soon as possible to appeal. Remember that the Social Security Administration gives you only 60 days to complete it.

For a non-medical reason. There may be a case where you receive a letter with a decision unrelated to a medical condition from Social Security. This can happen for several reasons (e.g. medical evidence was never received or you do not have the credits to be insured). If you do not agree, you can request a reconsideration. In this case it would be an appeal unrelated to a medical condition and can be done online.

Audience

If you are not satisfied with the decision at the reconsideration level, there is another type of Social Security appeal. You can request an administrative hearing before a judge of law. The administrative law judge or ALJ will be in charge of conducting the hearing and making a new decision in your case.

Once your hearing is scheduled, what is in your best interest will be considered. It is common for hearings to be scheduled within 75 miles of your residence. Also, hearings can be held by telephone, video conference, or in person at one of the Social Security offices. This is possibly the most important stage in your case; don't hesitate to call us. A successful claim requires preparation. After you receive a denial, call us as soon as possible. Remember that the Social Security Administration gives you only 60 days to complete the administrative hearing request.

Submitting your hearing request: When you submit your hearing request, you will receive a confirmation packet explaining your process. In this package you will be able to choose not to receive a video hearing. Video or in-person hearings are conducted the same way, but you can choose the option that makes you most comfortable. Always consult with us about all options.

Appeals Council Review

If you disagree with the hearing decision, you can request a review online directly with the Social Security Appeals Council. They will be in charge of examining the entire case. If the Appeals Council decides to review your case, it will be returned to an Administrative Judge, who must make a new decision. The Appeals Council could approve the case directly. However, the main practice is to return the case to the Judge in the event that the Council decides to review, thus giving the judge himself the opportunity to “correct” any defect in the decision.

Points to take into account if your case has been denied

You have 60 days to make an appeal. Once you receive a letter from Social Security denying you disability benefits, you have 60 days from the date that letter was issued to make the appeal. It is important to appeal within this time period, although Social Security allows an additional 5 days for mail delay.

An appeal may be your best option. Even if Social Security is delayed, it is best in most cases to make an appeal. They will always make retroactive payment based on the original date of the request.

Generally, in Social Security Disability cases like these, there is usually a lot of delay on the part of Social Security before giving its approval. In fact, there are people who can wait up to a year or more to appear in court before a Social Security judge. However, even if you have to wait this long, they will make the retroactive payment to the original date.

The appeal can be made online through the Social Security website or by phone. The most important thing is not to let time pass and communicate with the lawyers of Fuentes & Fuentes. This way, you will avoid difficulties due to not making an appeal within the estimated time.

You can file again. If you do not make an appeal, you can reapply for Social Security disability in the future. To do this, it is essential that you have the necessary evidence on hand so that the case is not denied again.

Has your case been denied?

You can use different alternatives to enjoy Social Security disability benefits. In Fuentes & Fuentes we will be in charge of helping you in this process, collecting all the additional evidence required and completing the relevant forms. If you decide to pursue the Social Security Appeal, we will be happy to handle your case.

We have extensive experience in situations like these and we will develop your case with professionalism. The initial consultation is free and we only charge if your application is approved. We cn take care of your case no matter where you are in the USA, Puerto Rico, or the US Virgin Islands.