Social Security Disability Appeals

Posted byPaola Nadeau on Jan 2021 in Law and legal | 0 comments

Don’t be discouraged if you apply for social security disability benefits and the application is denied, you are among the 70 to 75 percent who are in the same boat. There is no reason to be overly concerned with an initial denial; the process is such that there is a refined appeals process. In many cases an appeal that is heard by a judge will be approved, especially if the disability appeal is made with the assistance of an attorney. In the case of disability appeals that are handled by an attorney about 66 percent are approved even though the initial claim was denied.

There is a set time for making an appeal, if an appeal is not made within this time frame the chance for any future appeal will be lost and a completely new application for benefits will have to be made, this is a terrible waste of time and resources and in many cases can result in back payments considerably less than what they could have been if the appeal was done timely. Although there is an approval process for disability benefits, should the application be approved the payment date starts on the date of the application, not the date of the approval.

In most jurisdictions the first step in disability appeals is reconsideration. By this time the applicant should be represented by an attorney who is well versed in social security matters. When your application is denied you have 60 days to file for reconsideration. The reconsideration haring can be either formal or simply an informal meeting to discuss your case with a representative from Social Security. Within three to four months of the reconsideration conference you can expect a written decision, if the claim is denied again then the process moves to an administrative hearing.

In the administrative hearing the claim is heard in front of an administrative judge. This can take several months to arrange but eventually you and your attorney will be given an opportunity to offer supporting evidence and the attorney can advise the applicant on how to challenge the description of your past work or submit specific medical evidence.

Disability appeals can go further; in the event the appeal made in the administrative hearing is also denied the applicant and the attorney can pursue the application for benefit right through to the appeals council and if necessary, a Federal District Court.

Disability appeals can become very complicated and trying to make the appeal without the benefit of legal council can reduce the chances of success considerably. You are invited to discuss your situation with the Social Security Disability Business Name