How To Appeal A Denial Of Social Security Disability Benefits

by | Jan 30, 2015 | Legal

Social Security in the United States is a federal agency that has been established to provide certain monetary benefits to those who have reached retirement age as well as those that are either physically or mentally disabled. Rarely is there ever a problem when the individual is applying for retirement benefits, unfortunately the same cannot be said for applications for disability benefits. Based on the available statistics about three quarters of all applications for benefits are disallowed on the initial application, however, this is not the end, there is an appeals process that the applicant can take advantage of.

Social Security laws and rules can be almost impossible for a layperson to comprehend; this is why the majority of those that have been denied benefits will turn to a Social Security attorney in Tallahassee.

The appeals process starts with a written request to the SSA asking that the decision to deny the application be reconsidered, this sets the wheels in motion, the SSA will send the paperwork and forms that are required to lodge an appeal. Depending on how the request for consideration goes the appeal can quickly be elevated to a hearing with an administrative judge. If the judge also denies the appeal there are other steps; the appeal can be elevated to an appeals council and if necessary the applicant can sue the SSA in federal court.

Going back to the initial denial; the SSA are obliged to give the applicant the reasons why the application was denied as well as details on the appeals process. If the applicant is of the opinion that they are truly disabled and should be granted disability benefits there is a 60 day window to find a good Social Security attorney in Tallahassee and begin the appeals process.

In the event the request for reconsideration is denied your attorney will elevate the case to the next level, which is to argue the application with an administrative judge. The applicant, along with his or her attorney and the AJ meet in person. The judge will normally question the applicant and any supporters such as expert witnesses, the applicant and his attorney have every right to question the judge in return. After the judge has made a decision the applicant will be given details of the decision by mail.

It is not necessary for an individual who is claiming for disability benefits to be represented by an attorney seasoned in Social Security law but the disabled applicant will have a better chance at success with one.

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