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What to Do After a Social Security Disability Appeal is Denied

Did you file an appeal after having your Social Security disability (SSD) benefits denied? Was that appeal also denied? You may feel stressed out, frustrated, and unsure if you have any options left. As the Social Security disability appeals process actually contains multiple levels of review, you may still be able to escalate the matter. At The Law Office of Paul J. Dombeck, PLLC, we put people and families first. Our Phoenix Social Security disability attorney can help if your SSDI or SSI claim is denied in Arizona. 

Common Reasons Why Social Security Disability Claims are Denied

Social Security disability benefits are denied for a wide range of reasons. According to the Social Security Administration (SSA), approximately two-thirds of initial claims result in a denial. As a matter of law, the agency is required to send an applicant a written explanation of the outcome of its decision. You should carefully review any such decision to determine exactly how you can address it as a part of an appeal. An experienced Phoenix Social Security disability lawyer can help. Some of the most common reasons why SSDI and SSI claims are denied are as follows: 

    • Insufficient Medical Evidence: Many Social Security disability denials are medical denials. The SSA requires objective medical evidence that establishes a medically determinable impairment. Notably, that evidence must come from acceptable medical sources. A Social Security disability may fail when records are (allegedly) incomplete, outdated, or lack diagnostic support such as imaging, laboratory findings, or clinical observations. 
    • Failure to Meet/Equal a Listed Impairment: Another key issue is that the SSA maintains the “Listing of Impairments.” As an applicant for SSDI or SSI benefits, you must meet all criteria of a listing or establish medical equivalence. Many claims fail because the medical documentation does not satisfy each of the required elements. 
    • Residual Functional Capacity (RFC) Findings: Even if a claimant has a severe impairment, the SSA evaluates whether they can perform work at any exertional level. Among other things, the agency may assess residual functional capacity based on medical and vocational evidence. The SSA can deny disability benefits based on the grounds that a claimant can perform past relevant work or adjust to other work in the national economy.
  • Earnings Above Substantial Gainful Activity (SGA): Not all SSDI/SSI denials are medical denials. There are some that are legal denials and/or technical denials. A claimant who earns above the SGA threshold will generally be found not disabled. The SSA uses monthly income benchmarks to evaluate whether work activity disqualifies a claim. 
  • Inconsistent Statements or Other Credibility Issues: A big issue to be aware of is that the SSA evaluates consistency across medical records, function reports, and testimony. If it finds contradictions regarding symptoms, limitations, or daily activities can lead to adverse credibility findings against an applicant. That could be the basis of a denial of benefits. 

An Overview of the Stages of the SSD Appeals Process

Was your SSDI claim or SSI claim already denied twice? Most likely, that means that it was denied at the reconsideration stage. There are multiple levels of review in the Social Security disability appeals process. After an initial denial, a claimant may request reconsideration. A different SSA reviewer evaluates the claim de novo. The reviewer examines updated medical evidence and any additional submissions. To be clear, the reconsideration stage (the initial appeal stage) does not involve a hearing. There are many claims that are denied again at reconsideration. Still, it remains a necessary step before advancing further. Here is an overview of the other stages of an SSD appeal: 

  • Administrative Law Judge (ALJ) Hearing: If reconsideration is denied, the claimant may request a hearing before an Administrative Law Judge. This is the first opportunity for live testimony. The ALJ reviews the entire record and may question the claimant, medical experts, and vocational experts. The hearing focuses heavily on residual functional capacity and the claimant’s ability to perform work. A well-developed evidentiary record is critical at this stage. You should be represented by an experienced Phoenix, AZ SSD appeals lawyer. 
  • Appeals Council Review: If the ALJ denies the claim, the claimant may seek review by the SSA Appeals Council. The Council does not automatically grant review. It will intervene only if there is an abuse of discretion, an error of law, a lack of substantial evidence, or a broad policy or procedural issue. The Appeals Council may affirm, reverse, or remand the case to the ALJ for further proceedings.
  • Federal District Court (A Lawsuit): After exhausting administrative remedies, a claimant may file a civil action in federal district court. The court reviews the administrative record under a deferential standard. It evaluates whether the SSA’s decision is supported by substantial evidence and whether proper legal standards were applied. The court may affirm the denial, remand the case for further proceedings, or, in limited circumstances, order an award of benefits.

Why Trust Our Phoenix Law Firm for a Social Security Disability Appeal

Social Security disability appeals are complicated, especially after the reconsideration stage. The Law Office of Paul J. Dombeck, PLLC, is committed to helping disabled people secure the full and fair benefits that they deserve. A denial of SSD benefits is not the end of the road. In fact, you may even be able to appeal a denied appeal. Our Phoenix Social Security disability lawyer provides free, confidential, and no obligation initial consultations. 

Call Our Phoenix Social Security Disability Appeals Lawyer Today

At The Law Office of Paul J. Dombeck, PLLC, our Phoenix Social Security disability attorney is a compassionate, experienced advocate for clients. If you have any questions about what to do if your Social Security disability appeal is denied, we are here to help. Contact us today to set up a free, no obligation initial consultation. With an office in Phoenix, we handle Social Security disability claims in Maricopa County and throughout Arizona.

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