What Steps To Take If You Are Denied Social Security Disability Benefits?

Nobody wants to be disabled but in the event a physical or mental disability makes it impossible for you to perform any gainful work you have the right to claim for disability benefits. It can be extremely upsetting and frustrating to make the application only to have it denied, however, a denial is by far not the end of the story; it is actually closer to the beginning.

Most people who are denied benefits will hire a disability attorney in Linden and appeal the decision. It is possible to appeal the adverse decision three times; a request for reconsideration, a hearing and a review by the appeals council. At any one of these three stages you might be approved but if they are prove fruitless you can still take your claim to Federal court.

Many applicants will go ahead and apply for benefits independently. For those that have not employed an attorney from the beginning of the process and you are denied, now is the time to hire a disability attorney in Linden. A seasoned attorney can help you prepare for what is hoped will be a successful appeal.

Reasons for denial:

There are a number of reasons that the Social Security Administration can cite for the denial of benefits. Perhaps you neglected to include some important aspect of your medical history or maybe the doctors report that you provided did not give all the detail that the SSA needed to completely understand your condition. In cases like this it is very helpful to have an attorney review your application and help find areas where additional information needs to be offered.

If you are already receiving disability benefits and they are terminated because the SSA have determined that you are no longer medically disabled you can still receive benefits while the decision is being appealed. The downside is if your appeal fails and the original decision is upheld then you may be liable for the continued benefits and have to repay them.

Appeal stages:

There are three stages of appeal. Stage one is to request for reconsideration. You can provide additional evidence at this stage; the data will be reviewed by a different examiner and doctor from the ones who reviewed the initial claim.

The second stage is a hearing. The hearing takes place in person; the SSA is represented by an administrative judge and you will be accompanied by your disability attorney in Linden. During this stage you can call upon expert witnesses and submit affidavits from medical and vocational experts.

The final stage prior to Federal court is to request a review of all previous submissions by an appeals council. At this stage the decisions rendered earlier are revisited as is all the material submitted by you.

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