Apr 10, 2015

Posted by in Law And Politics | Comments Off on What Is A Request For Consideration Of A Social Security Disability Denial

What Is A Request For Consideration Of A Social Security Disability Denial

If you application for Social Security disability benefits is denied, and there is a very good chance it will be, then you will be given the opportunity to appeal. The first level of appeal is to file a request for reconsideration. When you opt for this the Social Security Administration will ask you to provide any information that details any changes in your health or your job since you initially applied. You will also be asked to define your reasoning as to why you think the decision to deny the application was wrong. You will be well served by hiring a disability lawyer in Livonia as it will be necessary to fully understand why your claim was denied so that your rebuttal will result in approval.

Refuting the reasons behind the denial:

There are many times when an application for disability benefits is denied because the SSA are of the mistaken opinion that the disability is short lived and will not last the mandatory period of 12 months minimum. A case like this is often mute because by the time the request for reconsideration is actually auctioned a year will have passed and your current medical condition will support your claim that the disability continues.

Although you have a right to have a copy of your claim file for review, the SSA can, at their discretion decline to provide you with your report directly to you. They will however respond to a request by your disability lawyer in Livonia or in some cases, to your doctor. With the complexity of everything the administration does along with the ever changing rules and regulations it will be difficult for a layperson to decide what will be required to win an appeal.

Sixty day deadline:

The Social Security Administration gives you sixty days from the day you receive their notice of denial of benefits to file a request for reconsideration. The SSA allow five days for delivery so if you’re are going to appeal you have exactly 65 days in which to do it. It is extremely important that you respond in time, otherwise you will lose your right of appeal and have to start the application process all over.

The claims examiners and doctors that take responsibility for determining if you will be accepted for or denied benefits are different than those involved in the initial denial. If your application is denied at the reconsideration level you can request a hearing.

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