By Carey Warrick Thompson
Losing a claim for disability benefits can be the most disheartening experience imaginable. You think to yourself, "I can't work. What kind of job do they expect me to do?" You likely have received all sorts of notices telling you why the Social Security Administration thinks you can work. You still do not know what to make of it. In this brief article I will explain what happens after the most common denials in the disability process.
Initial and Reconsideration (Recon) Denials
If you have been denied at these first two levels of review, do not lose heart. Over 70% of applicants are denied at the initial level and an even higher number are denied at the recon level. The only difference between initial and recon and is that a different examiner looks over your paperwork.
I have spoken to many clients who have not gone beyond these first two steps. Many people do not realize that appealing their case to the Administrative Law Judge (ALJ) level of review is really necessary to win. This is the first chance that a claimant gets to tell their story in person to a person who makes their decision. When you reach this level, you are no longer a faceless person. For the first time someone has the ability to believe you when you say you cannot work. And at your hearing before the ALJ, your attorney, who knows the disability laws and rules, can best present your case to the ALJ.
Being Denied at the ALJ Level
This is probably the most devastating denial you can get. As I mentioned, the ALJ is the first person who meets you face to face. Some clients become bewildered at this point, asking themselves, "Why didn't he believe me? Didn't he see my medical records?"
The ALJ's decision is not final and it can be appealed. Your attorney can advise you at this point whether it is better to appeal or to re-file. Each has its pros and cons. The thing to remember is that when the ALJ makes a judgment he is acting like the judge and jury. He makes findings of fact and findings of law. While it can be easy to appeal and win a case on an error of law, appealing and winning a case because you disagree with the judge's findings of fact can be extremely hard. That is why it is important for you to keeping seeing your doctors so even more evidence can be submitted to the Appeals Council to support your disability claim.
A denial at any step of your Social Security disability claim is does not necessarily mean the process is over. Often, perseverance is needed to finally prove you are disabled.
