In response, the Granada Hills Social Security Lawyers have made the initiative to impart some basic information regarding social security and relate the judicious option in cases of denied claims for social security.
Cases of denial at the initial application for social security disability benefits or SSI disability benefits of individual claimants are on high.
This is a fact, which is true in most instances.
Practically, several factors may lead to the denial of disability benefits claims.
Amongst the varied reasons is the lack of necessary preparation, insufficiency of pertinent documents - particularly the medical records ? lack of a sound professional advice and guidance and the proper representation even at this early stage of application.
The factual scenario would lead to the conclusion that the whole process for social disability claims is tough and arduous.
Having been denied of their claims, individual claimants relatively have different reactions.
Some are in the dilemma whether to give up on their case or not. To some, they consider starting over with the filing of a new application. Some claimants have referred to social security lawyers and decided in taking the course of appeal.
From these diverse reactions, a judicious option is worth to expound.
From among the varied reactions, the most sensible option is going through the appeal process. By appeal, the claimant's will have a better chance of getting their worth. It is the best and smartest choice.
It is worthy to note that in some jurisdictions, a reconsideration of the denial is required before the proper appeal process.
The reconsideration usually takes a relative amount of time before the proper appeal. However, the reconsideration phase may no longer be in effect in recent times. A move to streamline the whole process has been devised.
Going back, the appeal process involves a great deal of perseverance and attention. Taking the appeal course involves time element (to be exact, lengthy) and a lot of paperwork. Not to mention, the financial devastation it could bring to the claimants.
Substantiation of the claims is more sophisticated at this stage. Pertinent documents such as the detailed Medical records and evidences in reference to the disability are highly required at this moment.
Aside from the paperwork, the hearing with the administrative judge needs a lot of preparation so that the desired result would be achieved.
The whole appeal course could be tiresome, stressful and distressing. But on the lighter side, if the same have been smoothly endured it would reap positive results.
Of course, conferring with a qualified social security attorney is paramount at this stage. The need of professional help following this course is crucial. Appointment of a representative lawyer would ease up the whole process and would freed claimants from discomfort.
The representative lawyer would usually do the work in the claimant's behalf. The gathering of the necessary paperwork as well as the preparation and attendance at the hearings before the administrative judge are the usual things that a representative attorney does in the representation of the claimants.
In full, it would really be a judicious option to take the course of appeal. Consideration of the appointment of a representative? a social security lawyer is also paramount, at all cost.
Disability, in the context of social security, is identified as a medical condition which hinders a person from performing a substantial gainful activity prevents him from obtaining sufficient income to support his family’s basic needs. Whether short termed or long termed, incurring disability while working is very much possible. This may be due to various illnesses which may hinder the employees to perform their jobs for a certain period of time. Such experience will definitely cause the workers to loss their source of income during that time being.
In order to provide financial support to those disabled workers, the Federal government has developed the Social Security and Supplemental Security Income disability programs. These two insurance benefits are indeed of great help for those people who fail to get their own insurance policies from private insurance companies. Both these programs of the government are managed by the Social Security Administration which has the sole duty to determine whether a disabled applicant can be entitled of either benefits or not.
Generally, the initial applications, which are filed in the SSA office for either benefit, will have big chances of being denied as well as the application for reconsideration. Hence, most persistent petitioners would result in filing a formal appeal of denial which they would brought up before an Administrative Law Judge who was given the authority to review all the denied petitions. And if in case the ALJ still denied the claim, the case will be automatically brought to the Social Security National Appeals Council which will review the decision of the ALJ. This appeals council has the power to reverse the decision of the ALJ. But then again, if the appeals council favors the decision of the ALJ, the claimants would have nothing left to do but to result in filing a lawsuit against the SSA at a federal court.
The federal court hearings of a social security case involve the usual formal litigation procedure wherein the lawyer of the SSA will try to defend their decision against the claimant’s lawsuit. Thus, if this legal endeavor still fails to succeed, the claimant may have the last try in the U.S. Supreme Court which will have the final ruling about the matter.
These stressful, time-consuming and complicated procedures of making appeals would not have happened if only the claimants have hired the services of a qualified social security attorney. A legal counsel who has the expertise and the sufficient skills in providing assistance and representation can increase the petitioner’s chances of acquiring his benefits in such a short period of time without even going through these numerous appellate courts.
Both Claysphere Rivera & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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