Filing An Appeal When Social Security Disability Is Denied

by | Jul 7, 2015 | Lawyer

The US Federal Government are responsible for administering Social Security which is a program that provides a monthly cash benefit to retirees and those that suffer from a disability. For those applicants who are either physically or mentally disabled there is a very good chance that the initial application will be denied, however, the applicant does have the right to appeal this decision. When the application is denied the SSA, Social Security Administration will provide the applicant with all the information and paperwork that must be completed and submitted with the appeal. In the majority of cases those who have been denied benefits will turn to a disability lawyer in Aurora to help with the appeal which can be quite complicated. There are a number of stages involved in the appeal process including a hearing, a review by the appeals council and it can even go as far as a Federal law suit.

When the SSA denies an application they support this move with their written reasoning and information on the appeals process. An appeal is initiated when the applicant is of the opinion that they are disabled and asks for the decision to be reconsidered; this part of the process must take place within 60 days after the applicant’s receipt of the notice of denial.

To support the request for reconsideration the applicant and his or her disability lawyer in Aurora will provide reasons why the applicant is deserving of benefits, this reasoning will normally be accompanied by additional supporting data, perhaps recent medical exams or an opinion from another physician that adds weight to the request. The request for reconsideration is not handled by the original official that made the initial decision to deny benefits.

In the event the request for reconsideration does not result in approval the applicant can request a hearing with an administrative law judge. To make it possible for the majority of applicants to attend the hearing in person the SSA try to hold it reasonably close to the applicant’s home however, the hearing can be held via video conferencing if personal attendance is not possible. During the hearing both sides are given the opportunity to question the other and both sides may bring witnesses into the hearing which can include doctors, therapists and occupational experts. Based on the evidence presented during the hearing the judge will render a decision. In the vent the decision continues to support denial of benefits the disability lawyer in Aurora can elevate the case to the Appeals Council that will either hear the case or resubmit it to another judge.

Disability benefits can mean the difference between independent living and relying on the support of others. If your application for SS disability benefits was denied, you will need a disability lawyer in Aurora to help deal with the appeals process. You are welcome to contact the Law Offices of Rabin, Kodner & Brown.

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