Appealing a Disability Claim After Initial Rejection

Don’t give up! These three words are of course easy to say than to implement in practice. But they stand for a crucial principle of perseverance that is vital to success in life.

In the context of Social Security disability claims, not giving up means being willing to pursue your case, even if your claim is initially turned down. It is not unusual to have to do this; it’s just the way the process works in many cases.

Social Security disability applicants in southeast Michigan can therefore learn from a recent case in Florida where the claimant finally prevailed after more than a decade of hearings and appeals. In all, it took 12 years. That’s right: 12 years!

The case involved a claim for Social Security disability benefits based on two conditions. One was degenerative disk disease. The other was depression adjustment disorder.

After the disability claim was initially rejected, the claimant eventually brought a lawsuit in federal court. The case dragged on, and the long process was often frustrating and confusing for the claimant, as well the claimant’s attorneys.

But they kept fighting and finally won the case against the Social Security Administration. To be sure, it is highly unusual for a disability claimant to prevail after such a long period of litigation. But this case shows that it is possible.

The case should therefore be an inspiration to other disability claimants to not give up when you know your claim is just. When pursuing Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI), don’t be daunted by initial rejection. Or, to put it even more simply, don’t give up.

Source: “Port Orange law firm wins 12-year-old case,” Daytona Beach News-Journal, 1-30-13

Our firm handles situations like those discussed in this post in the tri-county area of southeast Michigan. To learn more about our practice, please visit our Social Security disability page.