How to Appeal Disability Benefits in Wisconsin

If you live in Wisconsin and you applied for Social Security disability benefits but your claim was denied you still have options. It’s still possible for you to get Social Security disability benefits. 

Wisconsin residents applying for Social Security disability often are denied the first time they apply for SSDI. But you can appeal that denial and amend your application so that you may still be approved for Social Security disability benefits in Wisconsin.

Working with a disability appeal attorney in Wisconsin can help you improve your chances of winning the appeal and getting your application approved. 

Reasons for Denial of Disability Benefits in Wisconsin

The reasons for denial of disability benefits in Wisconsin vary based on each person’s unique application. But, in most cases, when someone’s first application for SSDI is denied it’s due to one of these reasons:

Insufficient Medical Evidence

Most of the time this is the reason why an application for Social Security disability benefits is denied. It’s important that you include as much medical evidence as possible to prove that your medical condition meets all of the SSA’s requirements. 

A good way to make sure that you include enough medical evidence is by talking with a disability attorney in Wisconsin. A Wisconsin disability attorney can over the Blue Book listing with you and help you figure out if you have included medical evidence showing you meet every one of the requirements in the Blue Book before you submit your application. 

Failure to Meet the Definition of Disability

Applicants who are submitting a claim for Social Security disability benefits must demonstrate that their condition severely limits their ability to perform basic work activities. That means you must show why exactly the condition you have makes it impossible for you to work. You must be as specific as possible making the connection between your symptoms and the skills needed to hold a job.

If you are working with a disability appeal attorney in Wisconsin you can get expert advice on how to make sure that it’s clear in your application how your condition limits your ability to do any kind of work that you can get paid for.  

Non-compliance with Treatment

 If you’re applying for disability benefits in Wisconsin that means that you expect you won’t be able to work for quite some time, if ever. You will have to show the SSA that you are receiving continuing treatment for your condition and that you are doing everything your doctors tell you to do. 

If you can’t show that you have followed prescribed medical treatments or therapies, the SSA might view this as a sign that the condition is not as severe as claimed. You must show that you have continued receiving treatment or attending therapy for your disabling condition. 

Work Activity

You cannot engage in any kind of substantial gainful activity, which is what the SSA calls paid work, while you are in the application process. If you earn money while you are waiting for your application to be approved it will be denied, because you will have demonstrated that you can still work and earn money. 

Even though it can take some months for your application to be processed you can’t engage in any paid work during that time. If you have earned any money, your application for SSDI will be denied. 

Incomplete Application

Another common reason why an application for disability benefits in Wisconsin is denied is because the application isn’t complete or wasn’t filled out correctly. 

There are a lot of forms to fill out when you apply for Social Security benefits. And you need to include a lot of other documents like your ID, your medical history, letters of support, and other supporting documentation. It can be difficult to make sure all those forms are filled out correctly and that you have included everything the SSA needs to make a decision. 

That’s why it’s strongly recommended that you work with a disability benefit appeal attorney in Wisconsin because a disability benefit appeal attorney in Wisconsin will help you go through the application and make sure that you have included all of the information required by the SSA.

Failure to Cooperate

 If you don’t respond to the SSA promptly when they ask for additional documentation, or ask you to attend a medical evaluation, or you don’t return documents promptly then your application will be denied. If you receive anything from the SSA in the mail open it immediately, and make sure that you respond appropriately and quickly. 

Appeals Process for Wisconsin Disability Benefits

There is an appeals process you can start if your application for disability benefits in Wisconsin is denied. That process begins when you receive a letter of denial from the SSA. The denial letter will tell you exactly why the application was denied. Keep in mind that you will need to fix whatever the reason for the denial was in order to get your application approved on appeal. 

Request a Reconsideration

After you get the denial letter you can request reconsideration from the SSA. You must request a reconsideration from the SSA within 60 days from the date on the denial letter, not the date you receive it.

So, pay close attention to the date on the actual letter. You can officially request reconsideration online through the SSA’s website, by phone, or by visiting any Social Security Administration office in Wisconsin. You will have to fill out an official Request for Reconsideration form. 

Reconsideration Review

Once you have officially requested a reconsideration you will have some time to add to your application or change your application. This is when you can fix any errors in the original application that led to the denial. Make sure that you address the reason for the denial. And include as much medical documentation as you can. 

Working with a disability benefit appeal attorney in Wisconsin at this point is the best way to get an approval for your application during reconsideration. A disability benefits appeal attorney can go over the application with you, suggest additional documentation, and help you gather up medical evidence. 

After you submit your changed application a different reviewer will evaluate your application. You will likely wait between 2-6 months for a new decision. 

Request a Hearing

If your changed application for disability benefits is denied again in reconsideration, you will have 60 days from the date on that denial letter to ask for a hearing in front of an Administrative Law Judge. 

You will need to complete an ALJ Hearing request form. Then you will need to gather additional documents and evidence to present to the judge. 

After the hearing, the ALJ will issue a decision. This can take weeks to months.

Further Appeals

If the judge denies your claim, you can appeal to the Appeals Council. If the Appeals Council denies your appeal, you can take your case to federal court. 

Tips for a Successful Appeal

The best way to increase the chances of getting your Social Security disability benefits application approved on appeal is to do these things:

Include More Medical Evidence

You can’t have too much medical evidence, so include everything you have. Don’t hold anything back. The reviewer will look at your medical evidence to prove that you can’t work and that you meet all of the SSA’s requirements, so it’s very important to include any and all medical evidence you have. 

Provide Detailed Documentation

Include statements from doctors, therapists, and anyone familiar with your daily struggles. Statements from doctors, previous employers, and others can make your case stronger.

Review the Denial Reason

The SSA’s denial letter will tell you exactly why your application for disability benefits in Wisconsin was denied. Make sure you understand the reason that the SSA gave in the denial letter and fix that issue when you submit your application again. This is one area where working with a disability benefit appeal attorney in Wisconsin can really help you. 

Work With A Disability Benefits Appeal Attorney In Wisconsin

 A Wisconsin disability attorney will be a big help in making sure that you have addressed the reason for your initial denial. They understand the process, can help gather necessary documentation, and may improve your chances of a successful appeal.

Timeline for Filing a Disability Appeal in Wisconsin

If your initial application is denied you must file your request for reconsideration within 60 days of the date on your denial notice, not 60 days from when you receive the denial notice. In general, you will have only 60 days to request an appeal at every stage of the appeal process. If you don’t make deadlines set by the SSA your application will be automatically denied. 

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