If you have made application for Social Security disability benefits and the application was denied, don not despair, you are certainly amongst friends. Approximately 70 percent of first time applications for benefits are denied and every individual has the right of appeal. The appeal process is all laid down; as a matter of fact you will be given instructions on how to go about it with your denial letter. The first step is to write a letter to the administration asking that your application be reconsidered, this will result in your being sent a package containing instructions and forms which you are expected to fill out and follow. If this does not work you can escalate the appeal, this will result in a hearing with an administrative judge, a further review by an appeals council or even find its way into federal court. A person has the right of self representation through this process but do to the complexity of the rules and laws of the SSA most appellant’s will engage a disability attorney in Linden.
When your initial application is denied the reasons for denial will be given along with the explanation of the appeals process. If the applicant still feels that he or she meets the criteria they have every right to ask for reconsideration, however, they only are given 60 days to do it in otherwise the case file will be closed.
When asking for reconsideration the applicant or his attorney must provide a full explanation of why they believe they deserve the disability benefits and why, in their opinion the denial was wrong and why the decision should be overturned. It is not just a matter of making bold unsubstantiated statements; at this stage you should include supporting statements and medical assessments along with any other information. In many cases it helps to get a supporting opinion from a new doctor, this tends to support the opinion of the original doctor.
If this appeal is also denied, the next stage will see you and your disability attorney in Linden in front of an administrative judge. The SSA will try to have the hearing within 75 miles of your home which can be beneficial for those claimants who have difficulty in traveling any distance. The administration suggests that you make every effort to appear in person or if that fails arrange for a video conference. The judge will ask a series of questions, you too can ask questions of the judge. Many disability attorneys will offer documentary evidence of the extent of the disability from expert witnesses at this time