WHEN TO APPEAL YOUR DISABILITY INSURANCE CLAIM DENIAL (GS80) :- Have you ever been denied your long-term or short-term insurance claim? Are you wondering where you are going from here and whether you can lodge a complaint?We caught you. The good news is that many people who lose their disability claims end up winning their cases over time. But you will need to know exactly what to do and when to do it.




In addition, it is always a good idea to seek legal representation at this stage. Some people successfully seek disability on their own without the help of a lawyer. However, the SSI system itself can be surprisingly confusing. Read on to find out more about appealing your case.




If I Have Been Rejected To A Short-Term Disability Claim, What Is My Complaint Window?

If you have been denied a temporary disability, you have only 60 days to appeal the decision in writing. This is the same for all 50 states, or you may want to check with your state SSI office to make sure there is nothing more you can do. Generally, however, 60 days is the maximum time allowed to file a lawsuit.




What About Disability Insurance Claim?

Some people apply for a short-term disability claim through their insurance company. This allows them to receive the benefits of a disability that is usually paid more per month than the benefits provided from Social Security.


The insurance company is given 45 days to complete its assessment of your claim and decide whether you meet the conditions of their disability insurance. They may also request additional time, up to 30 days, to continue updating your file.


The insurance company will determine if you have a disability based on various factors. This includes your doctor’s reports, your insurance policy, and your insurance level.


Because of the variety of disability insurance claims, you can be denied material unless you are “not disabled enough.” This is because you were not in the right insurance or the system you were in did not include disability.



In the latter case, they are right in denying your disability claim. However, they will give you instructions on how to lodge an appeal. Generally, you will have 180 days to do so.



Why are Disability Claims Rejected?

Disability applications are rejected for a number of reasons. Probably because those who reviewed the claim did not receive the relevant information. It could also be that the attending physician did not complete all the forms correctly, or provided incomplete information about your case.


Furthermore, in many cases and diseases, the diagnosis does not prove that a person is disabled enough to work. For example, people with lupus SLE can use a gamut when it comes to how they are able to function. Some people can be completely disabled, while others are able to continue a successful career.


Because of this, some people working with disability applications may try to “catch people.” Some private insurance companies hire personal investigators or look at individual social media platforms to see if they are really sick as they say.


Since social media does not show the whole picture of a person’s life, this can be inaccurate and problematic for those who need disability benefits.




How Long Will the Complaint Process Take?

In most states, the first thing you will do is submit your application for consideration through the Disability Determination Service (DDS). Depending on how busy the department is, this may take a few weeks to a few months. In this case, your file will have to be reviewed by another medical adviser and another examiner, independent of those who have denied your case.



If that is also denied, you will proceed to a hearing with the administrative law judge, or ALJ. It can take a year or more to get a hearing with ALJ, which can be surprisingly annoying, especially if you need the money.


If you are denied there, then you will go through the appeal process, and that could take a year to be heard. Some people find themselves waiting for several years for this decision to be made, as the state judge sees many types of cases, and the disability is not the only one.


How Can I Strengthen My Complaint?

Be honest when filling out your complaint. Do not exaggerate, but let the inspector know how difficult it is in your situation to perform the daily tasks that you may need to perform.


You should also get a statement from your doctor, letting them know you can’t work. In some cases, your original complaint and initial claim will still be rejected even if you have this letter. However, as you move further up the chain, this can make or break the case.


Make sure your doctor discusses what your symptoms really are and how they prevent you from working in a meaningful way.



Finding Representation

If you are denied SSI, it is a good idea to seek representation, even if some people may wait after their second denial. As expensive as it may be, having a lawyer on your side who knows everything about disability law is invaluable.



If you find yourself denied disability after your first claim for disability insurance, contact us immediately. We deal with disability cases as one of the things we can do. We have a long history of helping people like you get the disability benefits they need and deserve.

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