Most anyone who has gone through the Social Security or SSI disability system finds out how challenging it is, since most claims are denied the first time out. The chances of approval do go up substantially for those who appeal and have a disability lawyer to guide them through the process. Below is some information about the appeals and hearing process for disability claims.
The appeals process for Social Security disability and SSI includes several levels. After the first round when the claim is denied, most states offer a chance at what is termed reconsideration. This must be requested formally within sixty days of the denial date. Because the process is complex, it is highly advisable to enlist the services of an experienced disability denial lawyer. Found online at www.disabilitydenials.com, a person can read more about what is needed for an experienced legal professional to help claimants prepare for and manage the appeals process.
The most important thing to recognize with disability claims is that the decisions will be made based upon the information that has been provided. Therefore, claimants need to know what is in the file and have their own copies available. This is where having a lawyer on the case is very beneficial, since they know how the law works and what is necessary to establish and win the claim.
In order to respond to requests, claimants must understand their medical condition, what it entails and what doctors have reported. There is also a detailed work history and other data that Social Security and any disability claim will require. For instance, claimants must have this information at hand so that when it is requested it can be provided correctly. Otherwise, claims could drag out much longer than they need to or even continue to be denied.
Winning Disability Awards
1. Medical Records – One of the more important types of information that needs to be available are updated medical records. Hearings may take place a year or more after an initial claim is made and SSA may cease to gather medical evidence. Therefore, the file may not include the latest medical information. A disability lawyer representing the claim would be handling these tasks, which is another reason to enlist their services. In any case, claimants must gather all their medical updates and keep them handy to respond to SSA requests and be prepared for hearings.
2. Personal Records – The SSA will continue to request information about the disabling condition both in writing and at hearings. Therefore, claimants must keep good notes about how they feel and what they are able to do and not do. For instance, any activities that could be done prior and cannot since the condition should be noted. The precise reasons that a claimant is unable to perform their customary work-related responsibilities needs to be detailed so that when asked, the information is conveyed correctly to the administrative law judge (ALJ). Otherwise, decisions rendered without all of the pertinent information usually result in further claim denials.
After the first appeal is denied, claimants may request a hearing before an ALJ. The best way to win any appeal is to understand the process so that it may be navigated more efficiently. The average time that Social Security Disability Insurance (SSDI) claimants wait for a hearing is around 400 days and as long as a year or more.
Statistically, the chances of winning any disability case are much higher when the claimant has engaged an attorney experienced in disability law. In these cases, attorneys usually do not charge fees until the claim is won, in accordance with the law. In fact, without an experienced disability lawyer, there is a very strong chance that the case will be denied repeatedly. As suggested online at www.disabilitydenials.com, anyone filing for Social Security Disability should seek counsel as soon as possible to greatly increase their chances of winning disability claims.
Lisa Coleman is a freelance legal writer and blogger with a background in health and research. She enjoys sharing her knowledge and experience through her writing abilities. She writes on many niches, but particular enjoys to share about health, law, finance and family.