If you were denied disability benefits with breast cancer, then you can appeal the decision as long as you can provide more medical evidence that proves you are unable to work for at least 12 months. There are 4 stages to the appeal process and you may have a chance to win your claim at any of the stages.
These are request for reconsideration, a hearing with an Administrative Law Judge (ALJ), an Appeal Council’s review of the ALJ decision and lastly, if the other stages have failed, filing a civil action in the United States District Court.
Filing an Appeal For Disability Benefits With Breast Cancer
The first stage of the appeal process is the request for reconsideration. This has to be filed within 60 days of receiving a denial letter of your initial application. If the reconsideration stage results in a denial, you may request an ALJ hearing which should be filed within 60 days from receiving the reconsideration decision.
If this is unsuccessful you may request an Appeals Council review of the ALJ’s decision which you have to submit within 60 days from the ALJ decision. If your appeal is still unsuccessful, you can file a civil action in the US District Court. You must file your case within 60 days of notice of the Appeals Council’s decision.
How to File a Successful Appeal for Disability Benefits With Breast Cancer
The key to winning an appeal with breast cancer is to file it as soon as possible after you have received the letter of denial. You should ensure you have gathered more medical evidence to support your appeal that proves you are unable to work for at least 12 months with your breast cancer diagnosis. You should also make sure you keep up with any treatment plans provided by your physician and keep records of the treatment you have been receiving.
The SSA may request you take part in a Residual Functional Capacity (RFC) assessment conducted by a doctor who will assess your physical and mental capacity. You will be asked to sit, stand, bend and pick up heavy objects in this assessment. If the physician decides your RFC assessment determines you are unable to work you will win your appeal for disability benefits.
Why Was My Breast Cancer Claim Denied?
The main reason for being denied disability benefits with breast cancer is that you have been unable to prove that your breast cancer is serious enough that it prevents you from working for at least 12 months. Claims as also often denied due to a lack of evidence.
Get Help With Your Appeal
An attorney may be able to assist with your claim. To get in touch with an independent, participating attorney, complete the Free Case Evaluation above! An attorney may be able to help you file your appeal, submit more medical evidence and even represent you in a disability hearing.
