SSDI claims for diabetes are known to be difficult to win, and it is not rare to get a denial the first time. However, you may appeal the denial through the Social Security Administration Website by requesting a reconsideration. It can be very helpful to work with an Oklahoma City Social Security benefits attorney from the Law Center for Social Security Disability to help you with this part of the process.
Levels of Appeal
There are 4 levels that you may appeal to regarding a disability denial. You can initiate the first level by completing and submitting the necessary documentation from the SSA website.
Reconsideration
In this first level of appeal, the assigned examiner will review your medical records, new medical updates, work history, and any supporting documentation or new evidence you may have to support your claim.
Administrative Hearing
If the reconsideration results in another denial, you may escalate your appeal to an administrative law judge hearing. This is a more interactive process where the judge can ask direct questions, review statements and testimony, and evaluate credibility.
Appeals Council Review
If you receive another denial from the administrative judge, you can appeal to the appeals council, which will further evaluate whether the previous appeals missed important evidence, failed to correctly follow procedure, or committed legal errors.
Federal Court Review
This appeal level takes your case to federal court, but is typically only used when you suspect significant legal or procedural issues in previous rulings.
Review Your Social Security Denial Letter Carefully
The denial letter should provide information regarding the reason for the denial. These reasons commonly include:
- Concerns about medical evidence
- Concerns about your work history and activity
- Technical eligibility issues
- Missing documentation
- Procedural problems
Reviewing the denial can help you identify the information you need to strengthen your appeal. Pay close attention to the deadline to request an appeal hearing. This is usually 60 days, and they are unforgiving. If you wait too long to respond and miss the deadline, you may have to restart the application process.
Gather Updated Documentation
New and updated medical evidence can often strengthen your appeal. Helpful documentation typically includes updated records, functional capacity assessments, new diagnostic results, and physician opinions. If you have new information from a specialist, their opinions often go a long way in strengthening your claim.
As part of the review process, the SSDI examiner may request additional information from you. We often advise clients to provide quick and accurate responses to all requests.
Prepare Yourself For an Administrative Hearing.
It can be helpful to begin preparing for an administrative hearing while you gather the new documentation. Make sure you have all necessary paperwork, including any additional record requests if you notice gaps in your documentation.
At the hearing, you can expect the judge to ask questions about your ability to perform job duties, how your condition affects your day-to-day life, and your history of treatment. It is important to answer the questions honestly and concisely. Do not exaggerate your pain or challenges, but avoid minimizing your hard days too.
Working with an attorney can help you adequately prepare to answer these questions without accidentally damaging your case.