Were you denied on your request for Social Security disability payments? If so, don't be discouraged. According to DisabilitySecrets.com, most people who apply for Social Security disability are denied on their first try. The chances of being approved go up when you appeal, so don't give up just because you got an initial denial. The appeals process can be a bit confusing, so you definitely shouldn't go it alone. Get a disability lawyer to represent you once you go to appeal. It will greatly increase your chances of success, because your lawyer will know the process very well. If you have to go through more than one level of appeal, the disability lawyer will become even more invaluable.
If you're facing a Social Security disability application appeal, this is what the process looks like, so you know what to expect as you and your lawyer move forward with your claim.
There are four steps in the appeals process. Your chances of success are greater with each step you take. Bear in mind that you may not have to go through all of the steps in the appeals process. You could be approved on any given step. Only a very small number of cases go all the way to the last step in the chain of appeals.
Step 1--Reconsideration
When you get the first letter of the denial of your disability claim, it will include instructions for how to begin an appeal if you choose to do so. Naturally, you will want to appeal, since you need your disability payments. The first step in the process is to request a reconsideration. You will contact your local Social Security office to set up the reconsideration appointment.
Your reconsideration will involve your case being re-examined by a new doctor who was not part of the original examination. Your Social Security office will set up the examination and choose the doctor you will see. After looking over your medical records and examining you, your reconsideration will either be granted or denied, based on the findings of the new doctor.
Step 2--A Hearing With an Administrative Law Judge
If your reconsideration is denied, you can continue the appeals process with a hearing with an administrative law judge. This is the part in the appeals process where having a disability lawyer will start to become the most useful, as you need to have a lawyer with you any time you go before a judge. Lawyers know all of the best ways to interact with judges to give your claim the best chance of success.
The good news is that your best chance of success with your claim is at this step. Administrative law judges approve approximately 67 percent of the cases that they review.
Step 3--Appearing Before an Appeals Council
On the off chance you are denied at your administrative law judge hearing, you can take your appeal further. You will be able to request a hearing with an appeals council. Appeals councils may or may not choose to hear your case. In fact, most of the time, they will not.
The only exception is if there is some question about the propriety of the administrative law judge hearing or some other noticeable flaw in your case up to this point. So few appeals council hearings are granted that they are mainly used just to get a claimant to the final step of the appeals process.
Step 4--A Federal Court Review
At this point, you can sue in federal court. Your case will be heard by a judge without a jury. About a third of all cases that are brought to federal court are approved. However, only about one percent of all disability claimants ever make it all the way to federal court.
Most cases are approved before this point, and of the ones that aren't, only the most determined people go to court, since it can be costly. The rewards, however, can be quite worth it if you win.
Conclusion
If you are denied on your initial Social Security disability claim, you can usually still get your benefits. If your claim is legitimate and you are really disabled, it will become apparent through the appeals process. There are time limits for filing appeals, so be sure to get started with the process right away. Contact a Social Security disability attorney and get your appeal moving. Click here for more info on finding a social security disability attorney.
