How an Attorney Can Help Appeal Your Case in South Dakota

If you are unable to work because of a medical condition, you might be eligible to receive Social Security Disability benefits. Most disability claims are denied. If a claim is denied, it is better to file an appeal and continue with the process rather than start a new claim and lose your backpay.

When your claim is denied, the Social Security Administration (SSA) will send you notification as to why your claim was denied. They will also send detailed instructions as to how to appeal your claim denial.

Why Are Social Security Disability Claims Denied in South Dakota?

While disability claims across the country are denied, there are many reasons claims are denied in South Dakota. Some of the more common reasons for Social Security Disability claims denied in South Dakota.

  • The lack of hard medical evidence is the leading cause of claims being denied. You need definitive medical evidence that shows your condition and how it affects your ability to work. Disability Determination Services needs to understand your limitations.
  • If your claim has been denied, you can be denied again. If your claim has been denied, don’t go refile another claim. Instead, file an appeal so you can get your backpay. Through an appeal you can correct any issues with your application and you would still be eligible for backpay based on your initial filing.
  • Another major mistake is continuing to work part-time while applying for disability benefits. If you work enough to earn more than the substantial gainful activity (SGA) limits, your claim will be denied. As of 2020, that cutoff is $1,310 for a non-blind individual and $2,190 per month for someone who is blind.
  • Failing to continue with medical care is another major mistake that leads to claims being denied. Without updated medical care, the SSA doesn’t know if your condition has worsened, improved, or stayed the same. Be sure to keep medical appointments and continue with follow-up care.
  • Lack of cooperation is another reason for claims being denied. If you are asked to supply the SSA with additional information or documentation, be sure to supply it within the specified timeframe.

A Social Security attorney in South Dakota will help you get your claim on the right track. Your lawyer will ensure your claim is properly filed with all documentation required to support your claim.

How an Attorney Can Help Appeal Your Case in South Dakota

Where are the South Dakota ODAR Offices?

If your disability claim is denied in South Dakota, an appeal should be filed. After the second appeal, you will request a hearing before an administrative law judge. These hearings are held at the Office of Adjudication and Review (ODAR).

It can take several months to have a hearing scheduled. Usually, you don’t get the decision rendered at the hearing. You will get a letter in a few weeks to tell you about the You will need a Social Security attorney in South Dakota to help your claim. Here are the two ODAR offices in South Dakota:

  • Rapid City
    4020 Jackson Boulevard, Suite 2
    Rapid City, South Dakota 57702

  • Sioux Falls
    1720 South Southeastern Avenue, Suite 200
    Sioux Falls, South Dakota 57103

How A Social Security Attorney in South Dakota Can Help You With Your Claim Denial

The Social Security Disability claims process is complicated, so you need experienced legal counsel helping you. A lawyer will know what documentation is needed to support your claim, and with an attorney your odds of a successful claim are much greater.

When you go for a hearing before a judge, you will need an attorney to help prepare you for questioning and to gather up all the necessary documentation that supports your claim.

Complete the Free Case Review Form on this page, so your details can be shared with a Social Security attorney in South Dakota. Disability lawyers work on a contingency basis, so you have nothing to lose. Don’t postpone getting the help you need from a disability lawyer.

Get your free case review today, so you can make sure your claim is on the right track and your appeal is filed in a timely manner. If your claim was denied in South Dakota, an attorney can help you win your appeal.

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