For those who are disabled and need assistance, a social security disability claim may be beneficial. However, sometimes they may face a claim denial.
Thankfully, there are processes that may help in changing this outcome. In order to select the best option, it is important that people understand what each entails.
Appeal it
In short, an appeal is the opportunity to present new information or to question the grounds for denial of a current claim. The Social Security Administration provides a full description of the process for appealing the decision. Instead of a governmental agency reviewing the case again, a local court reviews the case and any new evidence, and then makes a determination. With it happening in a local court, the claimant may attend to make his or her case, as well as answer any questions the court may have during the process.
File a new claim
Though the appeal is usually the most effective means of receiving SSDI after a denial, filing a new claim may be helpful in some instances. In particular, when people file a disability claim improperly or do not include all paperwork and information, a new claim may be necessary. The new claim allows filers to begin the process over with the correct information, whereas an appeal continues with the same claim. If a claim is incorrect, it will continue to be denied.
Key considerations
Determining which claim process to utilize after a denial is important, and it is a decision that people should not take lightly. Examining the reason for the denial can help in making the right decision. Also, it may be beneficial to speak with an attorney with experience working with SSDI. Not only will the attorney have the knowledge, but such experience and specific understanding of SSD law may help in creating a strong claim.
If you face an SSDI denial, you have options. Take some time to weigh them so you can make the best decision for you.
