Appealing The Denial Of A Social Security Disability Claim

by | Jan 28, 2021 | Law and legal

Almost three quarters of the applications made for Social Security disability benefits are denied by the Social Security Administration, however being denied is only the first step on what can be a long road; those that are denied benefits have the right of appeal. Because Social Security rules and regulations are so complex most people who have been denied will immediately hire a disability lawyer to help them with the appeals. The appeals process begins with a written request for reconsideration. Once this request has been received by the Administration it prompts the dispatch of paperwork to the applicant that will be needed when preparing the appeal. Depending on how the initial request for reconsideration goes the appeal can escalate to a hearing in front of an administrative judge, it then can go on to a review by the Appeals Council and should that fail a lawsuit can be filed in US District Court.

In the event the initial application for benefits is denied the SSA will tell the applicant the reason for rejection as well as provide the applicant with information on the appeals process. If the claimant disagrees with their findings there is a 60 day window in which to hire a disability lawyer and appeal for reconsideration.

The appeal for reconsideration should be very specific, it must contain very detailed reasons why the benefits are deserved and why the decision to deny the application is wrong and should be overturned. At this time it can help if additional supporting documents can be provided, perhaps opinions from another doctor as well as the results of recent doctor’s appointments. The Social Security official that denied the original application is not involved in the reconsideration, a different set of officials will review the submission and make the decision to grant the claim or deny it a second time.

In the event the claim for benefits is denied again your disability lawyer will take the case to the next level which is to put it in front of an administrative judge. The applicant, the applicant’s disability lawyer and the judge will meet; the judge has the right to question the applicant and the supporters such as expert witnesses. The applicant and his attorney have every right to question the judge.

During the process the claimant can represent himself but it has been shown that a claimant who is represented by a disability lawyer has a much better chance of seeing the denial of benefits overturned.





If you have been denied benefits under Social Security disability you have every right to appeal the decision. Your chances of being accepted on appeal are greater if you are represented by a disability lawyer. If you find yourself in this situation you are invited to contact the Business Name

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