Jul 10, 2015

Posted by in Lawyer | Comments Off on What Happens Next If Your Application For SSDI Is Denied?

What Happens Next If Your Application For SSDI Is Denied?

What Happens Next If Your Application For SSDI Is Denied?

Don’t become discouraged and give up if your initial application for disability benefits available from Social Security is returned to you and you are denied. In a sense you are being welcomed to the club, the fact is that almost three quarters of first time applications are denied. This denial of benefits is really nothing to get overly disappointed about; you are given an automatic right to appeal the decision and when you hire disability attorneys in Garden Grove to help you with your appeal the chances of approval increase considerably.

Many claimants will make the initial application unaided, most are not approved. When this happens this is definitely the time to turn to attorneys for help. Once you receive notification that your application is denied you have 60 days in which to appeal this decision otherwise your case is considered closed. If, after 60 days you decide to appeal you cannot, you must start all over again. This might not seem like a big deal but it is; once your application for benefits is finally approved the benefits that you receive are backdated to the day you made your application, if you start the process all over from scratch it not only wastes a lot of your time, it results in lost benefits.

The administrative hearing:

During the 60 day window you are granted for appeal your first step is to request an administrative hearing. This hearing is the only time you will get a chance to make a personal appeal. You and your attorney will be invited to support your case in the presence of an administrative law judge; it is at this time that you can provide substantiating evidence which can be used to support your claim. Although you have to request the hearing within 60 days, you will have to wait several months for it to happen but on the appointed day the ALJ will review your submissions, ask leading questions and perhaps even invite experts in to question you. You also have the right to bring in expert medical personnel or occupational experts to support your cause. Although the hearing is a legal proceeding it is somewhat informal, there will be the judge, you, your attorney and any supporting witnesses. The proceeds are recorded as they would be in a court of law. Should your application once again be denied you can elevate your appeal to the next level; The Appeals Council.

Appeals Council:

If you do not get satisfaction during the hearing stage your next step is to elevate your appeal to an Appeals Council. Although the council does not accept new evidence they do look for errors or omissions in the previous steps.

If this appeal fails and you believe you genuinely deserve to be awarded benefits you can take the case to the Federal Court for adjudication.

Making application for Social Security Disability benefits can be difficult and frustrating; fighting for your rights when the application has been denied is even harder. You are advised to engage the services of disability attorneys in Garden Grove if you expect to win; you are invited to contact LawNJH.com.

Share

    Pin It on Pinterest

    Shares
    Share This