Most people who apply for Social Security Disability Insurance are denied on their first attempt. Some estimates suggest that up to 70 percent of applicants are initially denied benefits. Knowing this, you should not feel completely discouraged by the denial. The appeals process is around for a reason, and you should be prepared for what this process entails.
The team at our Provo, UT law firm has helped clients without various types of lawsuits and legal issues. Below, we’ll briefly cover some reasons for denied Social Security Disability Insurance claims and offer a broad overview of the appeals process.
A few reasons for denial of your claim include:
If you are denied Social Security Disability benefits, it’s important that you get the appeal process started right away. You have 60 days from the date of the denied claim to begin the appeals process. Follow the application instructions closely.
When appealing your claim, be sure to gather all of your medical documentation together. This will include all information on medical treatments, medications you’ve taken, and statements by your physician and other medical professionals regarding your injuries.
The first step in the appeals process is a request for reconsideration. A different claims examiner will look at your initial claim and determine if the initial denial was in error. Keep in mind that up to 85 percent of reconsiderations are also denied.
The next stage of appeal is a hearing before an actual administrative law judge. This hearing typically lasts 15 minutes to one hour. You may be asked about your limitation and how they prevent you from working.
If the hearing does not go favorably, you may also seek a review of the administrative law judge’s ruling by an Appeals Council. Errors of a technical or substantial nature in the judge’s ruling might alter the case.
The final level of appeal is a lawsuit in federal court. This is only sought when all other options have been exhausted.
As you can see, the appeals process can be an involved matter. Having a skilled attorney behind you during this process can make matters more manageable, and offer you peace of mind with regard to documentation and how to comport yourself during an actual hearing. This can prove invaluable if you want to make sure you are able to receive benefits for your injuries.
For more information about your legal rights and options regarding social security disability insurance, be sure to contact the attorneys of Flickinger Sutterfield & Boulton. Our team is here to help you in your time of legal need.