Denial SSDI Benefits

Social Security Disability Insurance (SSDI) Attorneys Serving Massachusetts

The Massachusetts Social Security disability lawyers of Kantrovitz & Associates have succeeded in helping people appeal the denial of disability benefits for over 25 years. We are dedicated to winning compensation for injured workers in Suffolk, Middlesex, Plymouth, Essex, Norfolk, and other counties throughout the Commonwealth. In addition to serving clients across Massachusetts, we proudly represent SSDI applicants and appellants in New Hampshire and Rhode Island as well.

Reasons for Denial

Payment of SSDI benefits is governed by the federal Social Security Act. State field offices and regional boards handle decisions regarding financial and medical eligibility for compensation. Under Massachusetts General Law, claimants must have earned sufficient work credits and meet Social Security’s definition of “disability” to receive payment. As such, claimants must file the appropriate forms to request review based on the given reason for denial, including:

  • Medical reasons
    • Disability Report-Appeal, Form SSA-3441
    • Request for Reconsideration, Form SSA-561
    • Authorization to Disclose Information, SSA-827
  • Non-medical reasons
    • Include denial of other types of benefits (spousal, retirement)
    • Insufficient employment credits or alleged overpayment
    • Use Request for Reconsideration, Form SSA-561

Claimants will receive a letter explaining the reasons for the denial. In order to preserve the right to appeal, they must inform the Administration in writing within 60 days of receiving the letter. Claimants may begin the appeals process by calling their local Social Security office if the claim was denied for non-medical reasons. Online requests are available for medically-based denials. At this stage, however, claimants should retain qualified counsel to represent them on appeal.

Appeal Levels

SSDI claimants have four opportunities to appeal an adverse decision. Following denial of the initial claim, the four levels of review and a brief description of their purpose include:

  • Reconsideration
    • Review of evidence by party not involved in original decision
    • Presence not required unless Social Security asks about improved condition
  • Hearing before an administrative law judge (ALJ)
    • ALJ questions claimant, witnesses, medical or vocational experts
    • Hearing within 75 miles of home or by video conference
  • Review by the Appeals Council
    • Council has discretion to deny request or review ALJ decision
  • Federal Court review
    • Disability attorney helps file lawsuit in federal court

Claimants may continue to receive benefits pending review when the appeal involves disagreement over a medical condition, eligibility, or reduced or suspended benefits.

Succeeding on Appeal

If you disagree with a denial of SSDI benefits for any reason, the Massachusetts Social Security disability attorneys of Kantrovitz & Associates can help. For over 25 years, we have successfully represented disabled claimants before Social Security examiners, ALJs, and appellate courts. Our in-depth knowledge of the appellate process can significantly increase your chances of success. Because most initial claims are denied, it is in your best interest to contact legal counsel as soon as possible to present more persuasive evidence and defend your rights in court. At Kantrovitz & Associates, clients obtain the legal guidance and advocacy they need in order to maximize their award. Call (800) 367-0871 today for a free consultation or contact us online. We have helped countless claimants successfully appeal denials, and we are prepared to put our experience to work for you.