Three Common Mistakes People Make when Appealing a Denied Disability Claim
June 17, 2021
Receiving a denial for your disability claim is distressing, even if you were aware that only one-fifth of all applications are approved the first time. It’s helpful to remember that you’re not alone. If your application has been denied, the Social Security Administration (SSA) will put the onus on you to appeal the decision and establish why they made the wrong decision.
There are three common mistakes that people make when they appeal a denied claim. Avoiding these missteps may help your appeal succeed so that you get the benefits you need.
Filing Another Claim
Filing a new disability claim rather than an appeal is a bad idea. Oftentimes, claimants file a new claim instead of an appeal and make the same mistakes that caused their first claim to be rejected. Continuing to submit new applications that contain the same mistakes will not work in your favor.
Many claimants don’t realize that Disability Determination staff members keep the contents of your initial application on file, so filing multiple claims won’t erase or override any errors you made on your first try.
Going through the appeals process is your best bet for approval on your second try. If you file a correct appeal with the help of a Powers Law disability attorney, a federal judge will review your claim, which increases the chance that your appeal will be successful.
Missing the Deadline or Failing to Appeal Your Denied Claim
Appeals must be filed within 180 days of the date of the original decision. In some cases, claimants miss the deadline to appeal the original decision because they’re suffering from depression and anxiety, or they’ve lost hope that the system will work at all. Don’t give up. Contact a lawyer instead.
Sometimes, claimants who want an attorney to file an appeal on their behalf spend too long searching for an attorney with the skills to win their claim. Waiting until the last minute to prepare the appeal is a mistake.
Instead of waiting, use the appeal period to review your claim and gather any documents you need to help prove your case. If you don’t know what you need, an attorney can help.
Making the Same Mistakes You Made on The Appeal on The Initial Form
Sometimes, claimants make the same mistakes in the appeals process that they made on their initial claim. Some common mistakes people include:
Failing to properly fill out forms. The Social Security Administration (SSA) requires lots of forms, so filling them all correctly can be quite a challenge. A mistake on any form can be disqualifying.
Incorrect information. If, for instance, you don’t list your medical provider on your form correctly, the person reviewing your case won’t be able to contact them to confirm your medical diagnoses.
Making contradictory statements can be a cause for denial. All the information on each form needs to be consistent.
Illegible handwriting. If the information provided on an application can’t be read, the reviewer may not try to decipher it and deny the claim.
Don’t let these common mistakes lead to denial. Have a lawyer review your application to improve your chances of a successful appeal.
How a Lawyer Can Help
You shouldn’t have to navigate the process of appealing a disability benefits denial on your own. The skilled and experienced South Carolina Social Security disability attorneys at Powers Law are here to help. Reach out to us by phone or contact us online to schedule a free consultation. We’ll be ready to review your application and help you file an appeal to seek the benefits you need and deserve.