Appealing The Denial Of A Social Security Disability Claim

by | Jan 4, 2016 | Lawyers and Attorneys

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If you are of the opinion that your physical or mental condition is such that you deserve benefits from Social Security but your application was denied, you can appeal the decision. There are a number of stages in the appeals process, the first is a simple request for reconsideration. The chances of the SSA reversing their decision at this stage are not good. The second step in the appeals process is a hearing that is held in the presence of an Administrative Law Judge, from there it can be elevated to the Appeals Council and from there it can even be taken to court; you have the right to sue Social Security. Other than for a law suit in court the applicant can represent him or herself in the process but this is not recommended, a disability lawyer in Evanston is best suited to deal with this on the claimants behalf.

When you apply for Social Security disability benefits the application will either be accepted or denied. If your application is denied you are in good company, about 70 percent of them are. When you receive notification that you have been denied benefits you will also receive details of the appeals process. You are granted 60 days to question their decision.

Your appeal will not be seen by the same person that denied your benefits in the first place; this will be reviewed by others. When you ask for reconsideration you must make sure that you adequately explain why you believe you are disabled and why the original decision should be overturned. Odds are you will not get any satisfaction but you will be told why you were denied.

The next step in the appeals process is to take your case into a hearing in front of an Administrative Law Judge. As the claimant, you will be given ample notification where the hearing will be and when it will be. The Social Security Administration suggests that you hire a disability lawyer in Evanston to represent you in a personal appearance. If a personal appearance is not possible the SSA can arrange for the hearing to take place over a video conferencing hook-up. During the hearing both sides will be heard.

In many cases the Administrative Law Judge will approve the application however, should it be denied again the case can be raised to the full Appeals Council. The task of the council is simply to ensure that all the rules, regulations and laws were applied properly. If they find that previous sessions were flawed, the case will be returned into the system for further review.

If you feel that you were unfairly treated there are remedies available, your disability lawyer in Evanston knows how to challenge the decisions and file a complaint on your behalf.

It is always a good decision to enter the Social Security appeals process in the presence of a disability lawyer in Evanston. You are invited to contact The Law Offices of Rabin, Kodner & Brown for a free evaluation of your case. For more information click here.

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