I was Denied Benefits – What’s next?
Denial of social security disability benefits is not an uncommon scenario. Statistically, about 80 percent of claims are denied by the social security administration in the initial stages. Even genuine claims do not seem to obtain immediate approval. Having an experienced and successful disability lawyer represent you can effectively turnaround several phases during the appeals process.
Communication and reasons for claim denial
When your disability application is rejected by the SSA, they send you a letter explaining the reasons for rejection and also intimate you the process of requesting a review of their decision. The reason qualifies the need for you to appeal online. A claim application can be denied for
(1) Medical reasons: In this case, you need to fill and submit the necessary appeal request and appeal disability report online. This report requires you to fill in recent information on your medical condition and instances of all tests, treatments and doctor visits that have been made.
(2) Non medical reasons: In this case, in order to request a review, contacting your local social security office is important. There is a toll free number available for requesting an appeal.
Steps beyond a denied appeal
When your disability claim is denied, it does not necessarily mean that you will not observe success in the end. Contacting a disability lawyer is important during the further stages when the system gets a lot more intricate and complicated.
(1) Requesting reconsideration: Most states in the country, appealing by means of a document referred to as a request for reconsideration is the next step. Such an appeal must be filled within a time period not exceeding 60 days from the date of rejected application. Reconsideration is also handled by the same state agency that rejected the application. Decision post reconsideration is typically issued within 90 days.
(2) Hearing in the presence of an administrative law judge: When your claim at the reconsideration stage is rejected, a hearing must be requested for. In this level, the claim is handled by the SSA and the hearing is held in the presence of an administrative law judge. He is not bound by any other decision. The lead time for a hearing is vested upon the office and could be from six months and could go beyond two years as well. Before your hearing, you should produce new medical evidence. Refining of evidence can be handled by your attorney.
(3) Disability regulations and laws and attorneys: Regulations and laws governing SSD are quite complex. Therefore, it is an accepted fact that when you are represented by a reliable attorney, your claim has higher rates of approval than those who do not have a legal representation.
When you follow certain tips in the event of claim rejection, you can increase your chances of winning the case. Your attorney will suggest and explain the need to go online and inform the SSA of your current contact details and filling out the form requesting an appeal. Your need to appeal is solely dependent if you feel that your social security claim has been wrongfully denied.
