When filing a Social Security Disability Claim, it is important to be extremely thorough. However, even after you've done all you can or should do in completing the required paperwork, there is nearly a 90% chance that your disability claim will be denied.
Don't give up. It is important to remember that most disability claims are awarded only after the applicant has appealed the denied claim.
Social Security Appeals
Practically speaking, Social Security Appeals come in two forms: 1) The reconsideration, and 2) the disability hearing. The important thing to remember here is that you only have sixty (60) days to file an appeal from the date of the initial claim denial letter.
Filing the Request for Reconsideration may seem redundant and confusing. However, the Reconsideration should be treated as though your disability is at stake. It is very important to consult a qualified Social Security Disability Attorney at this stage of your claim.
Similarly, when filing for a hearing request, you should also have an experienced social security lawyer assist you. Statistics show that claims that are represented by a qualified attorney have a much higher chance of success than those claims that are not represented.
Preparation for An Appeal
How can you prepare for a social security appeal? Well, if you're simple preparing for a recoonsideration of an intial application, the most important thing is to make sure that you've got all of your medical records, and any other statements that may indicate your disabled status. Go over everything with a fine-toothed comb. If you've still got plenty of time before your 60-days runs out, you may want to see if you can get an updated narrative statement from your treating physician. An up-to-date statement of disability from your treating doctor is very important.
If you're preparing for an appeals hearing, you may seriously want to consider discussing your case with an attorney. A qualified social security disability attorney can help pinpoint weak areas in your case, can help you anticipate questions that you will be asked in the hearing, and can help you know how to best answer those questions. Simply put, good client preparation helps win cases. In truth, a good qualified, experienced social security attorney can compensate for so much when it comes to increasing your chances of success at the hearing level. So, if you're preparing for a hearing, the number one thing is to speak to a good attorney.
What to Do If Your Appeal Is Denied
If your reconsideration application is denied, then you'll want to file for an appeal hearing right away. Again, a good attorney should always be consulted in this event. Your 60-day clock begins to run based on the date on the denial notice letter, not on the date that you received the letter. The sooner you consult a lawyer, the sooner you can begin to prepare for your upcoming hearing.
It is a general idea that an initial application for disability benefits with the Social Security Administration will most likely be denied. In fact, the records show that approximately more than 70% of the total applications filed to the SSA get negative results. Nevertheless, it is good to know that the SSA gives their members the right to appeal their cases.
The Appeals Process After the disability examiner come up with a decision denying a claim, an individual may still pursue his case if he firmly believes that he is indeed qualified to get his disability benefits. The next thing that he should do is to file a request for reconsideration to the SSA. This is what will happen next:
1.The SSA will examine all the information stated in the application and make sure that all of the needed data are complete. If not, they will try to contact the applicant to get the missing or ambiguous information. 2.The claimant will be asked to fill up a disability report and sign medical release documents. 3.The case information and documents will be sent to the assigned office, which will determine whether the applicant is disabled or not 4.Such office may request for further medical documents and records as stated in the claimant’s medical report. 5.They will again thoroughly assess all the medical records submitted including the past ones. 6.The claimant may request for a meeting with the office to discuss other matters. 7.The decision will be sent through registered mail.
Nevertheless, if the SSA denied an appeal for reconsideration, the claimant may still bring his case to the Administrative Law Judge for review. The ALJ has the authority to agree, revise, or completely reverse the decision of the examiner. If the ALJ agrees, the applicant then may result to his final appeal to a civil court, which has the final say on the matter.
Right to Representation On the dread of being charged with such a high professional fees, most applicants refuse to hire their representatives in filing their appeals. This belief has resulted in many denials and longer period of acquiring their benefits due to the applicants’ incompetence and lack of knowledge in pursuing such dealings.
Like in any court litigation, it is definitely important to understand what laws that applies in a particular case. Thus, an experienced SSI disability lawyer, who has the sufficient skills in defending a claimant’s rights, can increase the possibility of gaining good outcome in a Social Security procedure.
Both Packard Lapray & Lala C. Ballatan 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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