Why Most SSI Disability Claims Get Denied
When we look at recent numbers for Georgia, we can see that only around one-third of initial SSI applications get approved. If your disability claim was denied, you’re not alone.
Why do so many claims get denied? The main issues are the SSA’s definition of disability and the tough financial standards for SSI recipients.
Many people have health issues, but they’re able to work in spite of them. To qualify for SSI, you need to show that you can’t work any job and that your health problems will continue to prevent you from working for 12 months or more.
Anyone who applies for SSI also needs to show they meet certain financial requirements.
A single person applying for benefits can’t have more than $2,000 in financial resources, and a couple applying can’t have more than $3,000.
Certain assets, like a primary home or vehicle, are exempt from this count, but this is still an extremely restrictive rule.
Any discrepancy in your financial records or simple mistake in reporting your income can disqualify you for this need-based program.
The good news is that if you’re denied, you can appeal it, and that gives you a chance to strengthen your SSI claim.
Talk to us for a FREE evaluation of your case for an SSI appeal.
What Are the Four Stages of SSI Appeals?
If your disability claim gets denied, you should act quickly. You have just 60 days from the date on your denial letter to start your appeal. Each stage of appeals has the same tight deadline.
What happens if you wait too long to start your SSI appeal? You may have to start over with a new SSI disability claim.
There are four stages of the SSI appeals process. You may not have to go through all four, but they proceed in this order:
1. Reconsideration: In the first stage of appeals, you ask Social Security to reconsider its original decision. Another claims examiner will look over your SSI application, but the chances of approval are still low at this stage.
2. Disability hearing: This hearing in front of an administrative law judge is likely your best chance to win SSI benefits, but you need to prepare properly. A disability lawyer can tell you what kinds of questions to expect and help you update your case file with your most recent medical records.
3. Appeals Council: If your hearing doesn’t go your way, you can ask the Appeals Council at Social Security to review the decision. They could uphold the original decision, award you benefits directly, or send you back for another hearing.
4. Suing in Federal Court: The last step is taking your claim outside of the Social Security system and filing a civil lawsuit in Federal District Court. This process happens almost entirely through legal briefs, and the court can award you benefits, affirm the denial of SSI benefits, or send you back for another hearing.
These last two stages of appeals are purely about the previous administrative and legal proceedings. You don’t get the chance to introduce new evidence or try to strengthen your disability claim.
Applying for SSI benefits takes a lot of work, but appealing a denied disability claim is even more difficult. This part of the process is more complicated and legalistic.
It can also take a long time, with each stage of your appeal adding months of waiting. We can look at recent data and see that Atlanta disability applicants are likely to wait around seven to eight months just to get a hearing scheduled.
We don’t recommend trying to appeal for SSI benefits on your own.
Instead, see how an experienced Social Security Disability lawyer can support your appeal.
How Can a Georgia Disability Lawyer Help with My SSI Appeal?
When you are ready to appeal your SSI denial, our Georgia disability lawyers are ready to assist.
Our team can:
- Identify issues with your original SSI application and fill in any gaps in your disability claim
- Update your claim with more recent evidence before your appeal
- Keep you aware of important deadlines so you can keep your appeal going
- Advise you on whether you should continue an appeal or start over with a new SSI application
- Prepare you for your hearing and what kinds of questions to expect from a disability judge
- Represent you at your disability hearing in front of the administrative law judge
- Cross-examine expert witnesses at your hearing
- Identify legally appealable errors
- Ask the Social Security Appeals Council to review your hearing decision, if needed
- File your appeal in Federal District Court, if needed
Appealing a denied SSI claim is never easy, but we’ll be with you every step of the way. You won’t pay an attorney’s fee until you win benefits, no matter how long this process takes.
From our offices in Athens, we’ve helped thousands of people in Atlanta, Savannah, Columbus and across the state get approved for the SSI benefits they needed to get back on steady ground.
Don’t leave your SSI appeal to just anyone. Work with our Georgia disability lawyers and give yourself the best possible chance of winning benefits.
Frequently Asked Questions About SSI Denials
You probably have questions if you’ve been denied SSI benefits. Our experienced Georgia disability lawyers have answers.
We can tell you more about your individual next steps at a free consultation, but for now you can read on to see some of the answers to some of the most commonly asked questions about SSI denials.
Why do so many SSI disability claims get denied?
Many Supplemental Security Income (SSI) claims get denied because of the strict restrictions of this benefits program.
Not only do applicants need to show that they have a health problem that will prevent almost all kinds of work for 12 months or more, but they also need to meet strict financial requirements.
Even if you meet these requirements, technical errors like leaving parts of forms blank or having contradicting information in your file can sink your disability claim.
How long do I have to appeal after I’ve been denied SSI benefits?
You have just 60 days to respond to Social Security after they deny your SSI benefits, and this time limit applies to each stage of the appeals process.
Wait too long and you may have to start this process back from the very beginning. A Georgia Social Security Disability lawyer can help you stay aware of these deadlines, so you don’t miss your chance to appeal.
My disability claim was denied. Should I appeal or fill out a new application?
In most cases, you’re better off appealing an SSI denial rather than starting a new application for benefits. Applying for SSI again resets your application date, so you may get less back pay once you get approved.
That’s not to say there aren’t situations where someone would be better off applying for SSI from the beginning.
Later stages of the appeals process don’t allow you to add new evidence, so if your medical condition has changed significantly, filing a new claim could give you a better chance of securing benefits.
What happens at a disability hearing?
A disability hearing is often your best chance to win benefits. You’ll appear in front of a judge who will ask you questions about your health and how your medical issues interfere with your ability to work.
There may also be expert vocational and medical witnesses from Social Security to testify about your capabilities and whether you should be awarded benefits.
This can be stressful, but it gives you the opportunity to tell your story in person. An Athens disability lawyer can help you prepare and make the most out of this opportunity.
Get to Know Silver & Archibald Disability Attorneys
Legal cases involving your health struggles are highly personal matters. When you’re looking for help, you want someone who treats you with the personal care, respect, and dignity this moment requires.
Answers to Common Questions About Social Security Disability
Social Security Disability is a huge program with a vast set of rules. As a resource for you as you sort out your disability claim, the disability lawyers at Silver & Archibald have prepared answers to some of the most common questions people have.
Common Disability Benefits Questions »
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