Law Firm Blog

What Should I Do if My SSD Application is Denied?

Keep fighting if your disability application is denied.

When, not if, your application for Social Security Disability benefits is denied, that finding does not mean your claim is weak or meritless. State Disability Determination Services officers outright deny about two-thirds of all claims. They approve most of the rest in part. The initial approval process is more of a weeding-out process. Only applicants who are truly determined to obtain benefits go to the next levels.

A Tampa Social Security Disability lawyer is an invaluable partner in this process. An attorney reviews your case, obtains medical and other evidence that supports your claims, and professionally presents these claims. Attorneys are also cheerleaders. The approval process is long and frustrating. It is important not to give up and settle a claim for pennies on the dollar.

ALJ Hearing

Applicants appeal Disability Determination Services denials to Administrative Law Judges. ALJs are much like regular judges, except ALJs only have the power to resolve the disputes they hear.

The ALJ appeal system is good, but certainly not perfect. Common issues include judicial bias, judicial inexperience, and privacy.

Most ALJs are independent factfinders. However, most ALJs are also employees or contractors of the Social Security Administration. Most people naturally hesitate to bite the hands that feed them. Almost all ALJs look past this inherent bias, at least for the most part. But they usually call a borderline pitch a ball instead of a strike.

Experience really is the best teacher. Inexperienced ALJs, much like inexperienced Tampa Social Security Disability lawyers, often make poor decisions.

Privacy is a growing concern in arbitration/ALJ matters. No court reporter makes a record of the proceedings, which are usually closed to the public. If we know that someone is watching, we’re usually on our best behavior. The privacy aspect of an ALJ hearing removes that safeguard.

As the ALJ system has expanded over the years, these issues, particularly ALJ inexperience, have worsened. Therefore, an increasing number of Social Security Disability claims are resolved in a federal court, which is the next step up the appeals ladder.

Claim Settlement

If possible, a Tampa workers’ compensation lawyer always tried to settle claims out of court. These resolutions avoid emotional courtroom showdowns which, in the end, benefit no one.

Claim settlement is a process, not a result. This process begins when an attorney sets a claim’s settlement value, which is much like the sticker price of a new car. Privately, attorney and client also discuss floors and ceilings. After negotiations commence, the applicant won't accept a settlement below a certain amount and cashes out above a certain amount.

Benefits in a Social Security Disability claim include monthly cash and free Medicaid membership. Depending on the victim’s medical condition, Medicaid eligibility might be more valuable than the monthly cash, which is something else to consider in the settlement process.

Contact a Hillsborough County Workers Compensation Lawyer

Victims need and deserve compensation for their injuries. For a free consultation with a Board Certified workers’ compensation lawyer in Tampa, contact the Rooth Law Firm. We routinely handle matters throughout the Sunshine State.