Don't Give Up If Your Disability Benefits Are Denied

In order to be prepared to file for Social Security disability or SSI you must be will informed of how the system works. Sometimes this can make the difference in having your disability benefits denied. Most disability claims cases are denied on the initial application. Sometimes it is because of lack of knowledge of the system and other times because of loop holes and tactics that the Social Security regulations encompass.

If your disability benefits are turned down the first time, you need to take steps in appealing the decision. Reconsideration is the first appeal step of the appeal process. The paperwork is rather simple, but take into consideration that if your appeal is not done within 60 days after you are initially denied benefits, you will be turned down on the basis of “untimely appeal”. The only way to overcome this rule is that your late appeal must fall under the category of “good cause”. These “good cause” exceptions include hospitalization, illness, or any circumstance which may have created a valid reason for our delay in filing. Remember, if you have no good cause, the late reconsideration request will be denied.

The next step, if you must proceed, is to request a hearing. It will be conducted before an Administrative Law Judge who will be making the final decision on your case.

During the appeal stages of the claim is when you need to submit any beneficial evidence that was overlooked by you, or perhaps carelessly or unknowingly left out at the initial filing. Make sure (preferably with the assistance of an attorney) you have every piece of evidence available and pertinent to the success of your claim—doctor’s reports, hospital stay reports, consultations with a psychologist or psychiatrist.

There may be evidence to support your claim that you actually did not have at the time of the initial claim. Once you are denied, you can gather more evidence, revisit your doctor, or gather information from people who know you personally and can attest to your condition.

When your disability benefits are denied initially, don’t just give up immediately. Sometimes the process, including appeals, can take a year and a half. But with an experienced attorney, it is possible that the case can be won. You have nothing to lose. You don’t have to pay the attorney out of pocket. He or she will get their pay from your back payment. You, if you are approved, will receive back pay from the time you first applied for benefits and the lawyer is entitled under the law to 25% of that back benefit check. It is worth your while to pursue the case until the end. The only hassle for you is a long wait—meanwhile life goes on.

When choosing an attorney for benefits claim, if you don’t have a family lawyer, be sure to study carefully the credentials of the one you hire to represent you. It is best to obtain a reputable lawyer or law firm to assure yourself you will get the best representation. There are lawyers who are experts in the field of Social Security or SSI disability benefits denial. They can be trusted because they are totally familiar with how the Social Security operates and what they require in order to grant your claim for benefits. They will speak for you at your hearing, they will gather the appropriate and most beneficial paperwork, and they will keep an eye on any tricky (but, of course, perfectly legal) tactics that the Social Security Administration lawyer is using to deny your deserved benefits.