Appealing A Denial Of Social Security Disability Benefits

by | Mar 2, 2015 | Law

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The federal government does not make it easy for an applicant to be approved for Social Security disability benefits; approximately 75 percent of all applications are denied. Although the initial application is denied there is an appeals mechanism, but it is so convoluted that most applicants will immediately hire a Social Security lawyer in Tallahassee. The appeals process which is multiple steps starts with a letter to the SSA asking for reconsideration of their initial decision. In the event this letter also results in denial of benefits, and most are, the SSA will return with their letter a package that contains everything that is needed to take the appeal to the next step which is a hearing in the presence of an administrative law judge, it then can go forward if necessary to an appeals council and if all else fails the applicant can elevate the case to US district court but rarely does it ever go that far.

If the initial application is denied the SSA will tell the applicant the reason or reasons why it was rejected as well as information on how to proceed with the appeals process. If the claimant is sure they meet the qualifications and they should be granted benefits they have 60 days in which to hire a Social Security lawyer in Tallahassee and take the appeal to the administrative judge.

When you and your lawyer are in front of the administrative judge this will be your only personal contact with anyone that has anything to do with your application and appeal. At this stage you must be prepared with supporting data that proves that you are disabled, the disability meets the criteria as laid down by the SSA and that the initial denial was wrong and should be overruled. Anything that will support your case that has not been provided already may prove useful as will second opinions from other doctors and the results from any recent teats you have taken.

Just as you have the right to support your appeal the administrative judge also has every right to question you or to bring experts witnesses that in the eyes of the SSA are qualified to either support or reject the applicant and the supporting information. Once the judge has had time to consider the presentation you will be advised of the outcome.

During the entire process the claimant can self represent but it has been shown that when a claimant is represented by a Social Security lawyer in Tallahassee he or she has a much better chance of seeing the denial of benefits overturned.

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