How to Write a Social Security Disability Appeal Letter ?
Applying for Social Security disability benefits is often a long and difficult process. For most people, the first application for disability benefits is denied. After that initial denial, there is an appeals process. While a letter stating your desire to appeal is not enough to actually receive a review of your claim, when attached with the proper forms and returned within 60 days from the denial, it can give the reviewers more information about why the decision was incorrect.
Preparing to Write
The first step to preparing an appeal letter, is to thoroughly read through the denial letter from the Social Security Administration (SSA). The notice will include information about why they denied the application for benefits. This is commonly referred to as the disability determination rationale.
In the disability determination rationale it should clearly give a description of the medical condition. Along with that it should state what impairments the SSA specifically evaluated in making their decision. The sources of information that were used to make the determination should also be included, such as what physicians, medical records, family, friends, coworkers and caregivers that provided data were reviewed.
Knowing all of this information is key in knowing what to write in response when stating that you want an appeal to the application for disability benefits. Responding to each portion is the best way to address any issues that may have been overlooked when the decision was made.
Follow the Prescribed Appeal Process
Included with any letter of determination from the SSA, there will be appeal instruction included. If any of the instructions aren’t followed, then it may cause the appeal to not be considered, damaging any chance you have to go forward with a review of your case. The best way to be sure everything is done to completion is to have an experienced attorney review the process with you. There will likely be forms that the SSA requires to be completed and included with the appeal. Depending on what point in the appeal process you may be in will determine what forms are necessary. Writing a letter alone will not be enough, and all of the forms listed in the decision notice must be included in your response.
What to Include in the Letter
After preparing for the letter, then knowing what to write about makes the difference between and effective letter and an insufficient one. Be sure to start the letter with a heading that includes the claimant’s name, claim number and contact information. Having this information at the top makes sure that if the letter gets separated from the rest of the appeal information that it can be added to the file on its own.
Next, write about any missing medical information from the sources that the disability determination rationale may not have included. Any doctor visits, emergency room treatment, caregiver information or other sources that have been left out could be substantial evidence in overturning the decision.
After highlighting any missing medical information, then addressing mistakes by the SSA is the next big aspect to address. These could be mistakes in your work experience record, education or the description of your condition. If any of that information is incorrect, or incomplete, then their determination may have been made without a full understanding of your situation. If the SSA didn’t address the full impact of the condition they may have understated the severity, or not fully understood the severity, of the disability’s impact on your life.
Adding additional information and sources can be helpful with this aspect of the letter as well. Some items to include, or resubmit, may be:
- Any medical records, documentation or doctor information showing that the symptoms are more severe than the denial letter determined
- New tests that show the severity of the condition has worsened
- Statements from doctors that are more detailed, describing the full extent of the impact of the disability
- New medical records that include information added after the application was first filed or that was not previously reviewed by the SSA
- Journals, personal notes and records that document the surrounding issues and complications from the condition
Keep in contact with the SSA as you prepare the information, as sometimes it may take longer than the 60 days offered for the appeal process to gather the documents you want to submit. By staying in contact, the SSA can assist by granting more time to get specific information submitted that should be included with the appeal.
If all of the above information is included or addressed properly, it can have a big impact on how the SSA reviews the appeal. By broadening the understanding of what the condition is doing, it can make it easier to overturn a decision. Be sure that the letter stays on task, is backed by supporting documents or information, and remains professional throughout. Having it reviewed by an experienced professional can truly make the impact much greater, so seek out help or a second opinion before sending in the appeal letter, to be sure it will have the impact you need.
