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How To Fight A Social Security Disability Benefits Denial Notice

The receipt of a Social Security disability denial notification is very stressful. Social Security disability benefits applicants may request an appeal if additional or new information should be considered by the Social Security panel.

It is essential to read the denial notice carefully in order to take steps to fight this decision. Additional documents or information may be needed in order to request a Social Security appeal. Since there are various levels within the appeals process, an applicant should consult a Social Security attorney before the final decision about disability benefits is made.

The Social Security Appellate Process

There are four appellate levels that the client's attorney may access to defend his or her disabled client's request for Social Security disability benefits. Information on the Social Security website is available about how to initiate an appeal, but this is not a do-it-yourself project. An experienced Social Security lawyer will carefully evaluate the client's Social Security application before sending new or additional information.

The client must submit his or her appellate requests within sixty days of the receipt of a benefits denial notification. The Social Security attorney will ensure a timely submission of the client's application. The attorney will first request Reconsideration of the client's Original Claim. Up to ten percent of denied claims are approved by DDS at this stage.

Request For Reconsideration Of The Continuing Disability Claim

The client receiving disability benefits may be required to submit to a re-examination during a continuing disability review (CDR). Social Security may request the CDR because the client's medical reports demonstrate his or her health improvement. Disability benefits may be terminated after re-evaluation or when the disabled person does not sufficiently cooperate with the CDR process. Most SSI recipients benefit from legal counsel at this stage.

Administrative Law Judge Hearing Request

The Social Security disability benefits attorney may request a hearing with an administrative law judge (ALJ) if a reconsideration decision does not favor the client. The Request for Hearing by an Administrative Law judge form or Appeal Disability Report may be downloaded and printed from the Social Security Website. Alternatively, these forms may be accessed and completed online.

The attorney representing the disabled client will prepare and submit these forms within the sixty day limit of receipt of the reconsideration denial letter.

Appeals Council

If the client's request for Social Security disability benefits are denied again, the Social Security law firm will prepare and submit the Request for Review of Hearing Decision-Order form. The document will be submitted to the national Appeals Council (AC) in Falls Church, Virginia. The local Social Security office will confirm with the client's attorney that all necessary documents are received.

Federal Court

If the client's appeal to the Social Security Appeal Council is unsuccessful, he or she may decide to file a Federal Court claim in U.S. District Court. An attorney is needed to file this lawsuit.

The federal judge is likely to hear the disability case without a jury. The judge will review the client's case for any errors and ask questions at this stage. The District Court is likely to reverse previous decisions (ALJ or AC) approximately one-third of the time. The patient's treating physician, pain, and severity of symptoms are important considerations for the District Court.

Conclusion

Disabled people in search of Social Security disability benefits often attempt to prepare the complex SSI application without professional help. This is frequently a bad decision, because an experienced Social Security law firm can prevent unintentional errors or discrepancies in the final document.

The client has the best chance of receiving Social Security disability benefits earlier in the process. Contact Frasier Law today or call 918-779-3658 to discuss your Social Security benefits claim now.

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