Appealing SSDI Denial
The Social Security Administration (SSA) has two insurance programs in place to help workers in financial distress: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These two programs are very different. SSDI is for workers who have become disabled and can no longer make their previous income. In some cases, workers who receive SSDI are able to retrain for other work. To qualify for SSDI, workers must have a minimum work history based upon their age and must have paid into the Social Security system. There are no income minimums to apply for SSDI. SSI is for elderly, blind or disabled workers who have no other source of income.
To receive SSDI, workers must show that they have a medical disability or impairment that makes it impossible for them to perform work duties. The SSA has a vast list of impairments that is regularly expanded. Examples of impairments include: gland disorders (endocrine); inflammatory bowel disease (digestive); chronic anemia (hematological); mental retardation (mental); and some types of fatal cancers. If the applicant’s medical impairment is not on the SSA’s official list, it does not necessarily mean that the applicant will be denied SSDI, but it might be more difficult to be approved.
The SSA is aware that unscrupulous individuals might try to cheat the system and therefore must be very particular about who is approved for SSDI. Applicants have many opportunities to appeal a denial. The first step is the reconsideration level, where the applicant may submit new supporting material and have their case reviewed again.
The next step is a hearing before an Administrative Law Judge. This is a chance for the applicant to personally appeal their case and give examples and provide medical evidence of their disability. This judge will issue a written decision. If SSDI is still denied, the applicant can appeal to the Appeals Council, and then the Federal Court as a last resort.
Applicants who need help appealing a denial of benefits should contact an attorney who specializes in disability law.