If your disability claim has been denied, you can file an appeal. There are several levels included in the appeals process; the first being a request for reconsideration.
Before you take this step, you might think it will be easier to file a new application. If you do this, there is a very good chance that your application will be denied. For this reason, it is better that you ask for a reconsideration, and go from there.
Up to 70 percent of first time applicants will be denied disability benefits. Three fourths of applicants are also denied during the reconsideration process. It is the step after the reconsideration that you stand the best chances of getting your benefits.
Having a disability lawyer from the very beginning can increase your chances of recovering your benefits. Once you have been denied, you should not think twice about hiring a lawyer. If you are interested in a legal advocate for disability payments, please call our firm now.
Denial of Benefits
Most applicants are denied benefits because they did not fill out the application correctly or failed to provide enough evidence that supports the claim. Without medical evidence that proves, or demonstrates, your inability to work because of a disability, you will be denied. The more supporting evidence you can prove, the more likely the SSA will see the severity of your condition. A disability lawyer can help to gather the necessary documents to increase your chances of getting approved for benefits early on in the process.
Filing for Reconsideration
Once your initial application is denied you have 60 days to file an appeal. When you do this, your application will be sent back to the SSA where it will be reconsidered. Only this time, a different examiner will review the application. The examiner is bound by the exact same rules as the initial person who reviewed your claim. Because of this most applications will be denied at the level of reconsideration. The exception to this is when further information and details have been included.
If you file an appeal for reconsideration, you should update the SSA by providing them with more information about any new treatments, visits to the doctors, work activities you have performed, and so forth. This new information could make a difference in the outcome of your reconsideration appeal.
You should also take some time to go over the application. Have you completed it correctly? Did you include everything the application asked for? You might even want to look at the blue book to see if you have left anything out. Having a disability lawyer to help you is recommended.
Although you have 60 days to send everything to the SSA, you should complete everything much sooner. By doing so you can get a decision faster, and then proceed to either collecting your benefits or scheduling a hearing in front of an Administrative Law Judge. If you would like to explore your options with a disability lawyer, like from The Law Offices of Mark T. Hurt, or need help with the application process, please call a law firm.