SSD Claim Appeals: What to Do If Your SSDI Claim is Denied

a social security disability claim form

Filing for Social Security Disability (SSD) benefits (SSDI or SSI) requires a significant amount of time, patience, and diligence. However, many truly disabled individuals are routinely and erroneously denied benefits by the Social Security Administration. A person can be denied benefits due to inaccurate or insufficient information, especially a lack of medical evidence or opinion evidence from your doctors. In fact, SSA could deny your claim due to something as simple (and avoidable) as the way in which your doctor documented your medical condition. The bottom line is: if you can’t work because of disability, don’t give up, even if the Social Security Administration (SSA) has denied your claim. We can help.

The Rhode Island Social Security Disability lawyers at Marasco & Nesselbush stand ready, willing and able to help claimants through the Social Security disability (SSD) application process. We will also help you appeal a denial of benefits. Our skilled Rhode Island personal injury attorneys can also assess whether you might qualify for an expedited review of your claim and/or decision. Dedicated to social, economic, and personal justice, our attorneys will not give up until you receive the outcome you deserve. We will do our best to see that your claim is approved as early on in the process as possible, but if necessary, we will also prepare you and your case for a hearing before an Administrative Law Judge. We will explain this process to you in detail so that you are not nervous or afraid and so that you have the best chance of winning. Even after claimants are approved for SSDI or SSI benefits, we continue to advocate for you until you receive your retroactive and monthly benefits.

Request For Reconsideration

The Social Security Administration (SSA) administers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Benefits are available only to those who are found to be disabled by the SSA. A person can be found disabled because they either “meet” or “equal” a Social Security Listing or because they are deemed to no longer have the physical or mental capacity to work.

After you apply for benefits either online, by calling the 800 number (1-800-772-1213) or by visiting your local Social Security office, the SSA will then send your claim to an agency called Disability Determination Services (DDS). DDS will gather medical and other information to assist them in deciding whether or not you meet SSA’s definition of disability.

If you receive notice of denial for SSDI or SSI benefits, you may file a Request for Reconsideration. However, based on Social Security Regulations, you usually only have 60 days after you receive a denial notice from the SSA to file this appeal. By requesting Reconsideration of SSA’s denial of disability benefits, you are taking a proactive step towards providing for your future financial security. It may seem easier and less complicated to simply back down after being denied SSD benefits. Many people shortsightedly accept the government’s denial. However, if you cannot work, how will you support yourself without these benefits?

The experienced and compassionate RI disability lawyers at Marasco & Nesselbush will take much of the stress out of the disability application and appeals process.

If you are denied Social Security Disability benefits, you can appeal either through an attorney, by calling the SSA 800 number (1-800-772-1213), by visiting a local Social Security office or online at You will have to file the appeal and complete a document called a Disability Report. The Disability Report requests that you provide updated information regarding your medical condition and any treatment, tests, or doctor’s office visits since the SSA made their decision to deny you SSD benefits. Without experienced legal representation, you may find that DDS does not obtain all your medical records or that your medical records alone do not contain your doctor’s opinion, (called “opinion evidence”) about whether you are disabled. You have the “burden of proof” to prove you are disabled, and it becomes progressively more difficult to prove disability at each level of the appeals process. Having experienced and skilled legal representation significantly improves your chances of winning and receiving the disability benefits you need and deserve.

Obtaining The Benefits You Deserve In RI, CT, Or MA​

Marasco & Nesselbush is Rhode Island’s trusted Social Security Disability law firm. If we believe you are disabled, we will work meticulously to ensure that you receive Social Security Disability benefits. We have a track record of success, providing compassionate and effective advocacy during the SSD application and appeals process, and we won’t give up until you receive benefits, or until we have exhausted all possible theories of appeal. Call us today at 401-289-1027 or fill out a contact form. We will be happy to help.

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