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File Your Social Security Disability Appeal and Win

Nov 12th 2014 at 5:47 AM

You lost your request for Social Security Disability and you may think that you hit the end of the road. Fortunately, there is an appeal process in place, one that most people should take in a bid to secure benefits. If you believe that you have a strong case, then file an appeal at once. Make sure you have everything in place first, then file your appeal.

1. Ask for reconsideration.

You are entitled to ask for reconsideration, what automatically sends your Social Security Disability application to a different examiner. That person has fresh eyes and will render an opinion apart from the original ruling.

Not all reconsiderations are approved, only 20 percent. It can take several months, three to four on average, before a decision is rendered.

2. Contact an attorney.

The process for receiving Social Security Disability is a lengthy one. You may need legal assistance to build your case advises Fugate Law Firm. Contact an attorney experienced in Social Security law to represent you.

Although an attorney is not required, you may find that this professional is better suited to handle your case. Without tens of thousands of dollars in benefits on the line each year, you need someone who knows the system and can do battle for you.

3. Request a hearing.

You are entitled to receive a hearing in front of an administrative law judge. But only if you request one. Expect to provide more information about your claim to support your case.

When you meet with a judge, you may bring witnesses with you. These people can include family members, your physician, a vocational expert or anyone else that can support your claim.

Once you finish your hearing, you won’t receive a decision immediately. The judge will investigate your claim and render a decision as many as a few months later.

4. Take it up a notch.

If the judge denies your appeal, all hope is not lost. You can still petition the Social Security Appeals Council and ask for a separate review.

The Appeals Council will examine your case; you do not need to be present. Once a decision is rendered you will be notified in writing. It can take more than a year for the council to review your request. If approved, you may be provided back benefits.

5. Go to court.

Even if the Appeals Council turns down your claim, you have further recourse in federal court. The denial letter from the council explains how you can take your appeal to federal court.

Listing of Impairments

Citizens may make a mistake when filing their case, neglecting to accurately identify their impairments. It is critical that you provide factual information and that it meets the Social Security Administration’s requirements.

For instance, the SSA will want to know if your impairment should last at least a year. Your age, education level and work experience are factors that may also be considered.

Other Considerations

You should know that what you earn with Social Security Disability may be quite small. Moreover, if you are able to work and are eligible for benefits, you may find a certain type of job that will allow you to make money, earning far more than what the SSA will provide.

 

The decision to file an appeal is left entirely up to you. If you have a medical condition, one that meets the SSA’s criteria, there is a good chance that your appeal will be upheld and benefits distributed to you. Your attorney can guide you through this process, what may involve your doctor providing a sworn testimony verifying your condition.

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