Getting a denial for Social Security Disability (SSD) benefits can feel like you have hit a roadblock. You may have spent months getting medical records, filling out forms, and waiting nervously, only to open the letter and see those dreaded words: “Your claim is denied.”
So, what to do after an SSD denial in Tennessee? Here are a few steps to navigate the appeals process.
Step 1: Request Reconsideration
After a denial, you have 60 days from receiving the notice to request a reconsideration. You can submit your request online via the SSA website, by mail using Form SSA-561-U2, or in person at your local Social Security office.
When submitting, you may want to include any new evidence, such as updated medical records, a doctor’s note, or anything that strengthens your claim. Those small details can make a difference between another denial and approval.
During reconsideration, an examiner will take a fresh look at your application. For that reason, you want to prepare for the hearing like it is your first chance to make your case. Make sure to be organized, provide clear documentation, and ask for help if you need guidance on what to include.
Step 2: Request a Hearing Before an Administrative Law Judge
If reconsideration does not go in your favor, the next step is to request a hearing before an Administrative Law Judge (ALJ). During this time, you get to tell your story in person. The judge is someone who was not involved in the earlier decisions, so they are coming into the case fresh.
You also have 60 days from the reconsideration denial to file for a hearing. The ALJ will review your records, listen to your testimony, and may call medical or vocational experts to weigh in.
Preparation is important. You will want to work with your attorney to collect all the necessary documents, rehearse your testimony, and think through the questions the judge might ask. The more prepared you are, the smoother the hearing will go. Many times, ALJs issue a written decision a few weeks to a few months after this hearing.
Step 3: Request Review by the Appeals Council
If the ALJ denies your claim, you can ask the Appeals Council to review the decision. This is the last step within the Social Security system before you head to federal court. The council does not hold hearings. However, it reviews the written record to see if any legal mistakes or new evidence justifies a different decision.
Once again, you have 60 days from the ALJ decision to request this review. The Appeals Council can deny your request if it agrees with the ALJ. But sometimes, they can reverse the decision, approve benefits, or send the case back to an ALJ for another review.
Step 4: Federal Court
If the Appeals Council denies your case, or you disagree with their decision, you have the option to file a lawsuit in federal court. This is a formal process, so you may need to hire an attorney experienced in Social Security cases. You must file your complaint within 60 days of the Appeals Council’s decision.
The court will not re-examine your medical records like an ALJ but will review the administrative record to determine if the SSA followed the law. This is the final step and often the last chance to secure your benefits.
How to Strengthen Your Appeal
Fortunately, a denial is not the end of the road. You do have options. Here are a couple of strategies that could make a big difference:
- Watch the deadlines: Remember that missing any 60-day window can derail your appeal. You want to mark your calendar, set reminders, and double-check dates.
- Provide new evidence: Make sure to include updated medical records, personal statements, or supporting documentation to help your case.
- Get help: An experienced SSD lawyer in Tennessee can guide you through forms, hearings, and legal language.
- Stay organized: Keep copies of everything, such as letters, forms, and medical records, so you are ready for each stage.
A denial is frustrating and stressful, but it is just one step on the journey.
Get the Legal Help You Need for an SSD Denial
Knowing what to do after an SSD denial in Tennessee is not always easy. With the right help, many people are approved for benefits after proceeding through the above steps.
At Easter & DeVore, Attorneys at Law, we can help you throughout any stage of the application and appeals process. Schedule a consultation with us today.
