Where To Turn If You Are Denied Disability Benefits

by | Feb 25, 2016 | Attorney

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Many thousands of people in the US apply for Social Security disability benefits. About three quarters of the initial applications received by the Administration are denied. If your application is one of them do not think for one minute that denial is the end of the line, it is not. For those that are denied benefits they are given the opportunity to appeal the decision, there are three levels of appeal available.

The rules, regulations and laws that govern Social Security disability are very complex, it is easy to see why so many initial applications are denied. In the majority of cases those who are denied benefits will immediately turn to a seasoned disability lawyer in Know County to help them through the equally complex appeals process.

The first level of appeal is simple, it is little more than requesting that the administration reconsider their initial decision, rarely does this result in acceptance, about 90 percent are once again rejected. The appeal is then elevated to a hearing which is held in the presence of an Administrative Law Judge; at this stage about 65 percent of the applications are approved. For those applicants which fail at this point their lawyer can elevate the case to the Appeals Council and even to court if necessary.

Looking at the denials in more detail:

When the initial application is denied the SSA will provide instructions on how to proceed with an appeal. As the applicant you are given 60 days to request reconsideration, it is usual for the unsuccessful applicant to engage the services of a disability lawyer in Know County at this time.

The request for reconsideration must be very succinct, it should state specific reasons why the applicant deserves to be granted benefits and why the decision to deny the application was wrong and should be overturned. Due to the complexity of the application information can easily be left out; the lawyer will ensure that it is included at this time.

Even with the additional supporting date rarely is a request for consideration successful, the process will then move on to the hearing stage. It is at the hearing that the applicant and his or her disability lawyer in Know County actually get to meet an administration official; it is at this time that the Administrative Law Judge, the applicant and the applicant’s lawyer can actually enter into a dialogue. The judge is free to question the applicant, he can also question any expert witnesses that the applicant has with him to support the claim. It usually takes about three months for a decision to be made; in the majority of cases the application for disability benefits is granted.

A disability lawyer in Know County can be extremely valuable if you have been denied your Social Security disability benefits. To discuss your situation you are invited to discuss the next steps with the attorneys at the Law offices of Miller & Drozdowski, P.C.

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