Communicating With Medical Providers
An SSDA appeals attorney will also contact your treating physicians to get a supportive opinion about your medical condition and ability to work. Doctors are sometimes hesitant to help their patients with their disability applications for different reasons. They may be too busy to fill out forms or unsure about how the SSDI process works. However, the doctors are often more likely to respond to a lawyers request. A disability attorney will know what information to ask for and is well equipped to address a doctors concerns. Also, a disability attorney can advise you to request additional exams if your medical history is insufficient.
A Note About Appeal Deadlines
Social Security appeal deadlines run from the date that you receive a notice. Social Security presumes that you receive its notices five days from the mailing date listed on the first page of the notice. If you received your notice more than five days after that date, and you file your appeal more than 65 days from the date, then you will have to prove to Social Security that you received your notice late or that you have other good cause for appealing late. Dont put yourself in that position. Submit your appeal forms as soon as you get your denial notice.
Can I Appeal A Denied Claim For Social Security Disability Benefits
More than 60 percent of first-time applications for Social Security Disability are denied each year, according to data from the Social Security Administration . Many of these claims are for qualifying medical conditions, but they are often rejected due to mistakes made during the filing process.
If your initial application for SSD benefits was denied, know that youre not alone and that your hope for benefits is not lost. Tennessee disability lawyer Michael Hartup has extensive experience helping SSD applicants successfully appeal their claims and recover the benefits they need.
To learn if The Law Offices of Michael Hartup can help you, please call our Jackson, Tennessee, office at or contact us online.
What Happens If Im Denied Social Security Benefits
If your Social Security Disability benefit application is denied, youll receive a letter explaining why you were denied benefits and what your options are.
Request for Reconsideration of Denial of Social Security Disability Benefits
Start by filing a Request for Reconsideration. For most people, this step is a formality the vast majority of claims are also denied on reconsideration. Nonetheless, youll have to make the request and receive the denial before proceeding to a hearing.
Your Request for Reconsideration must be filed within 60 days of the initial denial. If you miss that deadline without good cause and still want to pursue disability benefits, youll have to start over with a new application.
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About The Author
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Make Sure You Have The Necessary Credits
Just because you worked a secular job doesnt mean youre automatically eligible for benefits. You need to have earned a certain number of credits. Read how credits are earned and how you can be eligible for benefits even after opting out by following the links. If you have enough credits for benefits and you have still been denied, its time to file a Request for Reconsideration.
How To Appeal A Social Security Disability Claim Denialdenied Social Security Disability Benefitsdon’t Give Up You Are Not Alone
Only about 37% of initial Social Security disability claims are approved. Unfortunately many claims, if not most, are never appealed and the applicant loses all chance of receiving their monthly “cash in the bank.” However, of the disability claims that are appealed and are heard before an Administrative Law Judge, the chances of winning reach about 50%, especially if the applicant wisely hires a Social Security disability lawyer to assist in preparing the paperwork, subpoenaing witnesses, questioning witnesses on the stand and more. A person filing for Social Security disability benefits bears the burden to show that they are disabled and a good Social Security disability lawyer can be a valuable asset during the fight. Fill out the form now for help from the Cochran Firm Disability Lawyers.
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What If My Condition Has Gotten Worse
If your condition has worsened, you should tell Social Security about any changes when you file the appeal. Be Careful Social Security may use any information about worsening to consider a later onset date So use caution when indicating your condition has worsened. Ordinarily, you are appealing because you dont agree with Social Securitys decision from the date you filed, not because some new condition has intervened to make you truly disabled.
Make sure you make copies of everything you submit to Social Security and follow up to make sure your documents and appeal were received before the deadline to appeal has passed. These are all steps an attorney can take for you, including confirming that your appeal was received on time, and is well supported by medical evidence.
Statistically, most claims are denied on Reconsideration. As of 2014 the percentage of claims awarded at the Reconsideration level is a discouraging 2%
Appealing Against A Decision Made By The First
If you want to appeal against a decision made by the First-tier Tribunal you will have to ask for permission to do so.
You’ll also have to identify which points in law you want to appeal, for example, if the tribunal applied the law incorrectly or didnt give good reasons for its decision.
You have to ask in writing for permission to appeal and you say what outcome you want. You must do this within 30 days of the decision being made by the First-tier Tribunal.
If you miss the 30 day time limit you will have to ask for an extension to the time limit and explain why the request is late, for example, because you were in hospital.
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Completing The Reconsideration Forms
Request for Reconsideration. This short form is easy to complete most of the information requests are simple and self-explanatory.
Do not elaborate where the form says, “I do not agree with the determination made on the above claim and request reconsideration. My reasons are:”
Instead, simply write, “I am disabled.”
Disability Report – Appeal. This form is designed to gather information about changes in your condition, new diagnoses, additional treatment, and changes in your daily activities since you filed your application. If there are no changes, it is OK to say so. If there are changes, describe any changes in your condition carefully. Do not exaggerate but do not minimize them either.
Focus on how your activities have changed since you last completed a disability report. If your activities are the same, you won’t need to spend much time on the Disability Report – Appeal.
Be sure to provide SSA with a current list of medications and the name and address of every medical care provider you have seen since you filed your application.
What Is The Final Type Of Appeal
Finally, if you do not agree with the Appeals Councils decision or if the Appeals Council makes a determination not to grant you a review of your case, you are able to challenge the decision by filing a lawsuit in a federal district court.
Any type of appeal for Social Security Benefits can be a long and stressful process, and you could benefit from seeking the assistance of an experienced attorney to help you through it.
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How To Appeal A Decision By The Ssa
If an administrative law judge rules against you, the next step is to ask for a review by SSAs Appeals Council. You can file online for an Appeals Council review or submit form HA-520 to Social Security. A panel of Appeals Council members will look over the judges findings and the evidence, as well as any new information you want to add.
Special Support At The Hearing
You may need special support to attend and take part at the hearing, for example if youre disabled or English isnt your first language. You can ask for special support, like a hearing loop or an interpreter. You can ask for this when you make the appeal or write to the tribunal so it can be arranged before the hearing.
You cant bring a friend to interpret for you. The interpreter has to be from a recognised translation service and will be paid for by the tribunal service.
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When Will I Get A Decision
The ALJ will mail you a written decision within a few months. If the decision is not good for you, it will tell you how to appeal it to the Appeals Council.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.This information is current as of February 2018.
How Can I Change My Disability Benefits Decision
Although the chances of changing your Social Security disability benefits decision are remote at the reconsideration stage, the likelihood of success increases when you reach the hearing stage.
The Social Security Disability ALJ Hearing
Within 60 days of the denial of your Request for Reconsideration, you may appeal the decision and request a hearing before an administrative law judge . The ALJ hearing must be requested in writing, but the Social Security Administration makes it easy for you to make that request. You may:
- Complete forms online
- Complete and mail in paper forms provided by the SSA or
- Write a letter to the SSA requesting a hearing.
At the hearing stage, youll have the opportunity to submit new information, though time limits apply.
Appealing Denial of Social Security Disability Benefits
If your benefits are denied by the ALJ, you still have avenues available, including appealing to the Appeals Council and eventually appealing the decision in federal court. However, if you decide to pursue this option, you should be prepared for a long process. A determination at this level will typically take at least a year or more.
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Know What To Expect In Your Appeals Hearing
It can take months or even years for the date of your appeals hearing to arrive. This is why it is essential to act as soon as you get a cessation notice. While we wait for your hearing date to arrive, you should continue to go to your doctor to help support your appeal.
The Berger and Green team will help you understand what to expect during the hearing and keep in close contact with you as the date of your appeal approaches. We will ensure you know how to get to the hearing location in Pittsburgh.
Once the hearing date arrives, we will represent you before the Administrative Law Judge who will hear your appeal. We will present the necessary evidence, and request they reinstate your disability benefits. While we cannot make any guarantees in your case, we are often successful in helping well-qualified clients recover their SSDI and/or SSI benefits during this hearing.
Have Proof Of Your Work History
Social Security benefits are based on your work history, so thats the first thing you need to get. This should be fairly simple since it is easily accessible through the SSAs website. Just follow this link to set up an account and you will be able to see the work history that they have for you. You can see an example in this article. If it is accurate, youre all set. You might want to print it out so it is easy to show the people in your local Social Security office when you speak with them.
If it isnt accurate, youll have a bit more work on your hands. For them to change their records, you will need to show proof of your past taxable Social Security income and what you paid into the system. This can be old pay stubs, W-2s or tax returns. If you dont have proof, you can contact previous employers and hope that they still have their records. Once you have your proof, set an appointment with your local Social Security office so you can take them the proof and have them update your information.
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Is There An Alternative To The Full Application Process
Yes. The Social Security Disability Insurance has an initiative called Compassionate Allowances . This is a process whereby the Social Security office can provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. There are 88 qualifying rare diseases and cancers on the list. Compassionate allowances allow the office to quickly identify diseases and other medical conditions that qualify under the Listing of Impairments, based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals and get their benefits to them.
It is possible that certain members of your family qualify for benefits based on your condition and your previous work.
Those family members include:
How To Appeal If Your Application For Social Security Benefits Is Denied
By Bethany K. Laurence, Attorney
If your application for Social Security benefits is denied, you may not be out of luck. A substantial percentage of denials are reversed on appeal. For example, almost half of all Social Security disability appeals, which are by far the most common type of appeal, are favorably changed during the appeal process.
Read on to learn about appealing the denial of your Social Security claim — including when and how to appeal.
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Get Help From Rob Levine & Associates To Appeal A Social Security Disability Claim
If you are concerned about the status of your SSI or SSDI claim and need help with your appeal process, Rob Levine & Associates can help. Our team will work with you to ensure that all necessary medical documentation and forms are filed on time and will follow up to ensure your case receives the attention it deserves.
We will guide you through the entire claim process, including any additional appeals that may be required. Call us today at 866-LAW-SSDI to set up a consultation to discuss your case with an attorney.
The Basics: How To Appeal A Social Security Denial
Most appeals in Social Security cases must be filed within 65 days of the date on the denial letter. Social Security technically allows 60 days to appeal, but it is 60 days from the date you receive the letter, and Social Security assumes that it takes a letter 5 days to reach you. You never want to wait until the last day to file your appeal, but 65 days is usually the absolute deadline.
If your claim has been denied at the initial level, that is, you filed your claim, and this is the first time Social Security has told you that you do not qualify, in most States, your next step is to request Reconsideration of your claim.
When you request Reconsideration, you are asking for Social Security to take another look at its decision, and providing any new information you have that might change the governments decision.
You can file your appeal online at
Or, if you prefer you can download the Request for Reconsideration and Disability Report-Appeal to complete by hand. In both cases, this may be a good time to consider talking to a Social Security disability attorney to review your options before going further. The printable forms are available at:
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Make An Appeal To The Social Security Tribunal
If you don’t agree with Service Canada’s reconsideration benefits, you can usually appeal to the Social Security Tribunal. You make your appeal to the Tribunal’s General Division.
But you can appeal to the Tribunal only after you get a reconsideration decision. See Step 1.
The Tribunal must get your appeal within 90 days of the day you find out about the reconsideration decision.
For example, if you get the reconsideration decision on September 3, the first day of the 90 days would be September 3. This means that you must appeal the decision by December 1.
If the last day that you can appeal is a Saturday or Sunday, you have until the Monday to appeal. If the last day is a holiday, you have until the next business day.
Why Would An Appeals Council Rule In My Favor
The Appeals Council might find an error was made by the administrative law judge or that evidence does not support the administrative law judges denial of your Social Security Disability benefits. If the administrative law judge failed to notify you that an expert witness would go forth at your hearing, the Appeals Council may see that as a procedural concern in your case.
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