The first thing to remember after receiving notice of a Social Security disability benefits claim denial is to not give up or lose heart, especially if the denial is after the first application. A very high percentage of disability claims are initially denied, however the claims appeal process is a five step process which provides multiple opportunities for you to obtain your needed and deserved benefits.
If you are denied
Social
Security
disability benefits after your first application, you can file for a
review or first appeal. There is a time-limit of sixty days in which
your appeal must be filed. If you do not file your Social Security
disability benefits reconsideration request within sixty days, your
application for Social Security disability benefits will most likely not
be reconsidered, however you may still have the opportunity to submit a
new claim, but that starts the wait time all over again.. Before filing
the new claim, you might contact the Cochran Firm Disability
Lawyers' Social Security disability attorneys to
assist you. They may be able to point out how you can better meet the
requirements of the Administration to decrease your chances of denial.
During the first appeal a different Social Security Administration employee from the first person who reviewed your case will again look over your supporting documentation and any new information you may submit and provide a recommendation for approval or denial. In all likelihood you will be denied once more.
During your second appeal, an Administrative Law Judge (ALJ) will make an independent decision based on the evidence presented before him or her either before or during a hearing. The government will usually provide witnesses to testify against you during this proceeding. A Social Security disability lawyer is a huge asset at this stage as they can help you prepare to talk to the judge, ask questions of any witnesses and obtain subpoenas, if necessary.
Again, you have a chance of your appeal being denied by the Administrative Law Judge but you have yet another chance to appeal and your Social Security disability lawyer will help you again at this step. After sixty days an Appeals Council will review the Judge's ruling during the third step and assure it was in accordance with the law. Yet, even their decision can be appealed in Federal District Court.
The Federal Court will either approve the benefits or send it back to the hearing level for a second hearing, giving another opportunity for you to receive your deserved benefits.
As you can tell, the Social Security disability benefits process can be tedious and overwhelming to a person who is not familiar with all of the policies and procedures and appeal opportunities. A Social Security disability lawyer can be a valuable, if not vital asset during the application and appeals procedures.
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