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Statistically when applying for SSDI benefits chances are you will be denied. A denial leaves you with three choices:

  1. Accept the denial and forget it.
  2. Appeal the denial.
  3. Make a fresh application.

The first consideration is why you were denied. If it was for a technical reason, like you are still working and making too much money, the the chances are next to nilche that you will be approved regardless if you appeal the denial or make a new claim. Just to be clear it is possible to collect disability while working if your income falls below what is called the Substantial Gainful Activity (SGA).

If your claim was denied on technical grounds, then a new application would most likely be the best path to take. Before the medical portion of the claim is evaluated the technical hurdle must be jumped. Chances are if you appeal a technical foul you’ll be benched again.

Assuming that you qualify on the technical side, meaning that you in fact do qualify to apply for SSDI, then determining if you qualify for benefits is based on your medical file(s). Since the chance of denial is high the moment you submit a claim it stands that if you apply again you stand a 90% chance of being denied again. Not to mention that the application process is lengthy and takes months.

If your claim is denied on medical grounds, then an appeal is most likely the best avenue to take. Don’t expect overworked case workers to do your thinking for you. Be sure that they have all of the medical files and information they need and it is well organized.

It is a good idea to have a complete copy of your medical files in your possession. Physicians know that in most cases you are entitled to a copy of your medical files. Occasionally, you’ll find an over zealous office worker act as a gatekeeper and tell you that in fact you are not entitled to a copy of your file(s). Kindly ask the office worker to talk with the doctor. In most cases the issue is easily resolved and you’ll have a copy of your medical files without any further fuss. If they persist in refusing to give you a copy of your medical file(s), then consult with an attorney. Hopefully, you have already contacted a good Social Security attorney to help you with your claim. It is a specialized area of the law, so do not use the same attorney that you would use to make a will or get a divorce.

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