More than 60 percent of all Social Security Disability Insurance (SSDI) claims filed by American workers come back denied. Does this mean that disabled American workers have no recourse when it comes to receiving financial assistance for a disability such as lupus?
The answer is the SSA has created a secondary method for workers to apply for disability benefits. If your initial SSDI claim came back denied by the SSA, you have the right to file an appeal that an Administrative Law Judge (ALJ) hears during a formal court proceeding.
What Happens at an ALJ Hearing?
During the time between the initial denial and an ALJ hearing, you have to find ways to boost your case. One of the most effective ways to file a successful appeal of an SSDI decision is by referring to witnesses in the medical community to testify on your behalf.
Properly credentialed health care experts can back the physical evidence you have submitted concerning your lupus disability application. You can also ask a representative from your employer to take the stand to describe how lupus has made it impossible to complete standard job functions.
The judge overseeing the ALJ hearing has the right to ask questions. Without the presence of an attorney representing the SSA, the judge presiding over the case acts as the representative of the agency.
The questions asked by the ALJ hearing judge should focus on confirming the information presented in your SSDI application, as well as clarification from you about how the disease has adversely impacted your daily lifestyle. Do not expect to receive a decision on the same day your appeal is heard. The SSA has 30 days to respond to an appeal to reverse the decision for denied SSDI benefits.
Tips for Winning Your SSDI Benefits Appeal
The most important tip for winning an appealed filed for a denied SSDI claim it to hire a disability attorney who specializes in helping clients receive financial assistance. Spend time practicing answers to the common questions asked by judges that preside over ALJ hearings.
The mock question and answer sessions give you an insight into the types of questions you can expect to answer during the court proceeding. One of the questions you can expect to answer involves the limitations placed on you at work.
Answering this question requires you to provide a clear answer that verifies your inability to hold down a job because of the severe symptoms caused by lupus. If there are any gaps in your medical history for treating the disease, you can expect to answer questions to explain the gaps to the ALJ judge.
Hire a Disability Lawyer
Many SSDI claims denied by the SSA lack sufficient evidence to give the green light for delivering financial assistance. A state licensed disability lawyer can help improve your SSDI application for an appeal by attaching more influential documentation that describes how lupus has disrupted your career.
Schedule a free case evaluation with a disability attorney to get the ball rolling on your SSDI appeal.
