SSDI Denial & Appeal Guide for Nebraska, NE

Introduction: SSDI Denials in Nebraska, NE

Nebraska residents who can no longer work due to a severe medical condition often rely on Social Security Disability Insurance (SSDI) to keep a roof over their heads and food on the table. Yet, according to publicly released Social Security Administration (SSA) data, roughly two-thirds of initial SSDI claims are denied nationally—and Nebraska is no exception. If you recently received a denial notice in Omaha, Lincoln, Grand Island, or anywhere else in the Cornhusker State, you still have multiple opportunities to fight for the benefits you deserve. This comprehensive guide explains why claims are denied, which federal regulations protect you, how to navigate each level of the appeals process, and where to find local help—all while slightly favoring the rights of claimants, as the law intends.

Understanding Your SSDI Rights

Who Qualifies for SSDI?

SSDI is a federal insurance program funded by payroll taxes under Title II of the Social Security Act. To qualify, you must:

• Have a medically determinable impairment expected to last at least 12 months or result in death;

• Be unable to perform substantial gainful activity (SGA) as defined in 20 C.F.R. §404.1571;

• Have earned enough quarters of coverage through work covered by Social Security;

• Meet the SSA’s sequential evaluation process in 20 C.F.R. §404.1520.

Nebraska claimants are entitled to due process during every step of an application or appeal, including the right to review their file, submit new evidence, and seek representation. Importantly, the SSA bears the burden of showing you can still perform past relevant work (or other work that exists in significant numbers in the national economy) once you prove you cannot do your prior job.

Key Deadlines

Federal law grants only 60 days from the date you receive a denial notice (plus five days for mailing) to request the next level of appeal (SSA Appeals Process). Missing this window normally forfeits your right to further review, leaving you to start a brand-new claim. Mark your calendar the moment a denial arrives.

Common Reasons SSA Denies SSDI Claims

Insufficient Medical Evidence Medical records must demonstrate functional limitations—not just diagnoses. If your Lincoln family doctor writes, “patient disabled,” but provides no test results or clinical findings, the SSA may reject the opinion. Earnings Above SGA For 2024, earning more than $1,550 per month (non-blind) may disqualify you, per 20 C.F.R. §404.1574. Failure to Follow Prescribed Treatment Under 20 C.F.R. §404.1530, the SSA can deny claims when a claimant refuses reasonable treatment that could restore ability to work, unless a valid excuse applies. Prior Denials Refiled Too Soon Re-filing without new and material evidence may trigger the same outcome. Paperwork Errors Missing forms, unsigned authorizations, or incorrect onset dates often sink otherwise valid claims.

Federal Legal Protections & Regulations

Two foundational regulations govern SSDI determinations nationwide:

• 20 C.F.R. Part 404 Subpart P, Appendix 1: The Listing of Impairments—a medical screening tool. If your condition meets or equals a listing, you may be found disabled at Step 3 of the sequential evaluation.

• 20 C.F.R. §404.1545: Defines your Residual Functional Capacity (RFC) and sets rules for weighing medical opinions.

Additional protections include:

• Social Security Act §205(b) – Guarantees the right to a hearing before an Administrative Law Judge (ALJ).

• Due Process Clause of the Fifth Amendment – Requires fair notice and opportunity to be heard (see Mathews v. Eldridge, 424 U.S. 319 (1976)).

Federal court decisions like Chenery Corp. v. SEC, 318 U.S. 80 (1943), also require the SSA to make decisions based on the evidence actually cited, not post-hoc arguments.

Steps to Take After an SSDI Denial

1. Request Reconsideration

This is the first appeal level. File SSA-561 and submit new medical evidence or clarifications. In Nebraska, the Disability Determination Services (DDS) at 4435 Street F, Building #2, Lincoln, NE 68503, handles reconsiderations.

2. Hearing Before an Administrative Law Judge

If reconsideration fails, request a hearing (form HA-501). Nebraska hearings are conducted by the SSA Office of Hearings Operations (OHO) in Omaha:

Omaha OHO

604 N. 109th Court, Suite 100

Omaha, NE 68154

Phone: 866-316-1666

You may appear by video, phone, or in person. Present witnesses, submit updated diagnostics, and question vocational experts.

3. Appeals Council Review

If the ALJ rules against you, appeal to the SSA Appeals Council in Falls Church, Virginia. The Council looks for legal errors, policy violations, or substantial evidentiary issues. File with form HA-520.

4. Federal District Court

The final administrative remedy is a civil action in the U.S. District Court for the District of Nebraska. Under 42 U.S.C. §405(g), you have 60 days after Appeals Council denial to file. Federal judges review the record for “substantial evidence” but can remand for a new hearing or award benefits outright.

When to Seek Legal Help for SSDI Appeals

Navigating SSDI appeals while coping with a disabling condition is daunting. An experienced Nebraska disability attorney can:

• Collect and submit persuasive medical opinions aligned with SSA criteria;

• Cross-examine vocational experts at your ALJ hearing;

• Argue legal errors under 20 C.F.R. and Social Security Rulings;

• Ensure deadlines are met and procedural rights preserved.

Attorney fees are contingency-based and capped by statute at 25% of past-due benefits or $7,200, whichever is less, per 42 U.S.C. §406(a). In Nebraska, lawyers must hold an active license with the Nebraska State Bar Association and comply with Nebraska Rules of Professional Conduct §3-501.

Local Resources & Next Steps

SSA Field Offices

*Omaha:* 604 N. 109th Court, Suite 100, Omaha, NE 68154

*Lincoln:* 100 Centennial Mall N, Room 240, Lincoln, NE 68508

Medical Providers Familiar with SSA Forms

University of Nebraska Medical Center (UNMC) in Omaha often completes RFC forms and provides longitudinal treatment records.

Vocational Rehabilitation

Nebraska VR, 3901 N. 27th St., Lincoln, NE 68521 – May supply work-injury evaluations supportive of disability findings.

For data-driven insights, consult the SSA Annual Statistical Report on the Social Security Disability Insurance Program. Nebraska-specific allowance rates and processing times are updated yearly.

Authoritative External Links

Electronic Code of Federal Regulations – 20 C.F.R. Part 404 SSA Program Operations Manual System (POMS) SSA Appeals Process Overview Nebraska State Bar Association

Conclusion

A denial letter is not the final word on your SSDI eligibility. By understanding federal regulations, meeting strict deadlines, and leveraging Nebraska-specific resources, you can significantly improve the odds of securing the benefits you earned through years of work. Protect your rights, gather compelling evidence, and do not hesitate to enlist experienced legal counsel when the process becomes overwhelming.

Legal Disclaimer: This guide provides general information only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Nebraska attorney.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.