What To Do If Your Application For Disability Benefits Is Denied
Anyone who believes they are disabled and unable to work can apply for Social Security disability benefits, the same people have the right to disagree if they are denied benefits and lodge an appeal. The appeal process has a number of steps, the first step is to write the administration and ask that they reconsider their decision, the administration in turn will send you information and forms that cover the appeals process, these are to be completed and returned. In the event the first appeal also results in denial of benefits the next stage is to escalate the process, bring it in front of an administrative judge. Additional steps in the process are available to the applicant if this fails, the case can be elevated to the US federal court. All through this complex and tedious process the claimant is quite free to self-represent but rarely is that the case; due to the complexity of the law and rules people tend to turn to a disability lawyer in Florida.
The initial application for Social Security disability benefits will result in one of two answers; yes or no. If the answer is no and the application is denied the administration will give the reasons for their decision and at the same time point out that you have the right to appeal, they explain the process and provide a window of 60 days after your receipt of the denial letter to make your appeal.
It is at this time that most applicants realize they are facing a complex issue and they hire a disability lawyer to help them through the appeal process. The information that is demanded by the administration is detailed, you must support your argument with details such as recent medical reports and medical assessments, an opinion from a different medical practitioner can be valuable at this time.
If this appeal also results in failure the process can move to the next level which is a face to face meeting with an administrative judge. To make the process as easy as possible the SSA try to hold this hearing within a 75 mile radius of your home. It is advisable to make a personal appearance along with your lawyer as the judge will want to hear your side of the story and see your supporting evidence before rendering a decision.
If all these steps are exhausted and the original decision still stands the disabled individual can elevate the case to Federal Court where he can sue the SSA.