If you are denied Social Security Disability benefits, it is important to speak with an experienced Social Security attorney about appealing. Most applications for Social Security Disability benefits are denied at the first two levels. A majority of claims going to hearing are approved. This means that getting denied Social Security benefits may have little meaning.
Getting denied Social Security benefits by letter from the Social Security Administration can be devastating news. When looking at your Social Security denial, ask yourself these questions:
What does the Social Security denial say?
Make sure to look at your disability determination. If there is a technical reason for your denial, such as too much income, you need to understand if this is true. A technical Social Security denial for that particular benefit may not get off the ground. Technical denials generally do not “get you in the door” for certain kinds of benefits. Get good advice about this.
Did your Social Security denial list all your recent treating medical sources?
If you see the list of the medical sources received by Social Security, there may be some sources missing. Make sure that your attorney requests to get these records for the next appeal before another Social Security denial.
Does your Social Security denial have a date on it?
It should. You need to appeal within 60 days of this date. Sometimes denial letters from Social Security come noticeably later than the actual date of the Social Security denial. Look at this to know how much time you have to appeal. If you are late appealing your Social Security denial, you can ask for “good cause” to avoid having to refile a new claim all over again. You should ask an attorney what likely constitutes good cause.
Do I or someone I know have the name of an experienced Social Security attorney?
You need to know about what medical proof may be lacking that can turn your claim around. An experienced attorney can review your Social Security denial and offer practical direction about the chances of approval on appeal. If you don’t ask, you won’t know. Keep our phone number handy. You may need it soon.
Why does Social Security deny so many people at the application level that they later approve?
This is the reality of Social Security denials. To some degree, they are filtering mechanisms for the bad claims. The good ones get mixed in. On a practical level, it would be much better to know if you have a fighting chance when you get your Social Security denial. Over the past 20 years, I’ve known some Social Security employees that encouraged persistence in appeals. The trouble with Social Security as a system is that this human side of Social Security does not always come out. People care at the local offices, but we cannot expect this personal care to overcome a massive appeal system.
Should I appeal my Social Security denial without help?
You definitely can. You can go to a local Social Security office. If you do, bring your Social Security denial with you. You can also appeal on-line or by mail. But the fundamental question going against Social Security alone is this: What is my strategy? What will I do to maximize my chances of Social Security fully understanding the gravity of my medical limitations? You need answers to these questions.
Call our lawyers at DisabilityLawyer.com for answers to your Social Security Disability questions. We have been around for years and are here to help you. Call us with no obligation, and our lawyers will confidentially evaluate your situation and decide if we can help you.