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It is discouraging to hear that your claim for Social Security Disability Insurance (SSDI) has been denied, but a rejection is not the end of your case. Pekas Smith: Arizona Disability Attorneys should be your next call. We specialize in representing individuals throughout the complex appeals process to secure the benefits they earned through years of work.
If your application has been rejected, an SSDI appeal lawyer from our team can help you correct errors and strengthen your evidence. We serve clients in Phoenix, Tucson, and across all of Arizona to reverse unfair denials.
What Are the Different Types of Social Security Disability Benefits?
The Social Security Administration (SSA) manages two separate programs that provide financial support if you are unable to work due to a medical condition. While both require you to meet the same strict definition of disability, they have very different financial eligibility rules.
- Social Security Disability Insurance (SSDI): This is an insurance-based program for workers with a recent employment history. You qualify by earning work credits through payroll taxes.
- Supplemental Security Income (SSI): This is a needs-based program for those with limited income and resources, regardless of their work history. To qualify, you must have less than $2,000 in countable assets (or $3,000 for couples). It is designed as a safety net for the elderly and those with disabilities who have not paid enough into the Social Security system.
Why Are SSDI Claims Denied?
To make your appeal successful, you must first understand the specific reason the Social Security Administration SSA rejected your claim. Common reasons for denial in Arizona include:
- Insufficient Medical Evidence: Many claims fail because they lack complete records, imaging results, or statements from a treating physician.
- Substantial Gainful Activity (SGA): Your claim may be denied if your current earnings exceed the federal limit set for the year.
- Lack of Severity: Examiners may determine that your impairment does not sufficiently limit your ability to perform basic work activities.
- Duration Requirements: The SSA requires proof that your disability has lasted, or is expected to last, at least 12 months.
- Failure to Follow Treatment: Missing physical therapy or failing to follow prescribed medical directives can result in a denial.
- Procedural Errors: Technical issues, such as missing application deadlines or failing to attend a scheduled consultative examination (CE), often lead to automatic rejections.
At Pekas Smith, an SSDI appeal lawyer can determine the reasons for the denial. Then, we address how to have it reversed. It can feel impossible to navigate the SSDI appeals system, but our attorneys have been there thousands of times before. We can represent you.
Working with a specialist SSD attorney is your best defense. Contact us now for a free consultation.
How Does the Social Security Appeal Process Work?
An SSDI appeal is an opportunity to have someone review and approve your application for disability benefits. You can have another person review the case and the evidence to determine if you can receive benefits.
There are multiple rounds of appeals, and each is different in its procedures.
First Appeal: Reconsideration
If your initial application for disability benefits is denied, you can and should appeal the denial. The first appeal is called Reconsideration, which is a paper review of the first or initial decision.
Your claim is returned to the Disability Determinations Service (DDS) and assigned to a disability examiner who did not previously review your case. This appeal is structured by Social Security to be a confirmation or reversal of the initial decision on your claim.
An SSDI appeal lawyer from our team will help you with:
- Detailed Filing: We file your appeal to ensure accurate information is presented for a positive decision.
- Active Case Management: Your case manager contacts the disability examiner to review your file and handle requests for additional forms or medical exams.
- Evidence Development: We update your documentation to seek a reversal of the initial denial and build an effective record for future stages.
Second Appeal: Administrative Law Judge Hearing
The majority of disability cases are approved at the second appeal, which is a hearing by an Administrative Law Judge. Your claim will be sent to one of three Offices of Hearings and Appeals in Arizona.
In time, your case will be scheduled for a hearing with an Administrative Law Judge (ALJ) and, if the judge chooses, an independent vocational expert or medical expert.
We help you with:
- Legal Preparation: Our hearing specialists work with your attorney to gather medical records and develop the legal basis for your approval.
- Pre-Hearing Strategy: You will meet with your attorney before the hearing to discuss the process and address any concerns.
- Local Expertise: As local Arizona attorneys, we know the specific preferences and procedures of the judges in these offices, having represented over 15,000 clients at hearings.
- Assertive Representation: On the day of the hearing, your attorney will be by your side to present evidence and question independent medical or vocational experts.
SSDI Appeals and Denials FAQs
Can you appeal if your claim is denied?
Yes, you can—and you should—appeal if your Social Security Disability Insurance claim is denied. The appeals process includes four distinct levels: Reconsideration, an Administrative Law Judge hearing, an Appeals Council review, and finally, federal court action. Each level provides a new opportunity for a different official to review your evidence and approve your benefits.
What should I do if my SSDI claim is denied?
If your SSDI claim is denied, don’t give up! You must act quickly because you generally have only 60 days from the date you receive your denial letter to file an appeal. Contact us right away for a free consultation with an SSDI appeal lawyer so we can help you protect your rights and ensure you do not miss these critical time windows.
What are your chances of winning an appeal from Social Security?
Your chances of winning depend on the specific issues mentioned in your denial and how effectively you present your medical evidence. While the majority of initial applications are rejected, statistics show that the chances of approval increase significantly at the hearing level. A disability appeal lawyer in Arizona from our team will create a targeted strategy that addresses the gaps in your original claim.
Can an attorney represent you in an appeal?
Yes, an SSDI appeal lawyer can represent you throughout every stage of the process. Having an experienced professional who understands the complex medical and vocational requirements is often the deciding factor in a successful claim. We handle the legal paperwork and the cross-examination of experts so you can focus on your health.
Free Consultation for SSDI Appeals and Denials
A surprising number of disability claims in Arizona are initially denied. This does not mean your claim lacks merit; rather, it often indicates that the Social Security Administration requires more detailed evidence or a different presentation of your medical history.
Our SSDI appeal lawyers are experienced professionals with a track record of success in Phoenix, Tucson, and throughout the state. We have helped thousands of people navigate the complex Social Security system to secure the benefits they deserve.
Meet our legal team and see how we can help. When Social Security has denied your application, we know that you are suffering. Our legal team is here to help.
Call at 602.313.1694 or message us now to begin.
