Jan 21, 2015

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

What If Your Application For SSDI Is Denied?

Don’t be discouraged if your initial application for Social Security disability benefits is denied, you will be joining the majority of those who do apply; the sad fact is that somewhere between 70 and 75 percent of all applications are denied the first go-around. The fact that your initial application is denied really doesn’t mean much as you have the automatic right of appeal and when you hire a disability lawyer in Livonia to help you with your appeal the chances of subsequent approval are improved considerably.

Many applicants will take the first step; the initial application unaided, however many if not most are denied, this is definitely the time to turn to turn to a disability lawyer in Livonia. In accordance with the rules established by the SSA there is only a 60 day window in which you must appeal, otherwise your case is considered closed and you will have to start all over again f you wish to continue. On the surface this might not seem a major issue but when you realize that once your application is finally approved that the benefits are backdated to the date of your initial application. Starting the process over can not only waste a lot of time, it can cost you considerably in lost benefits.

There are a number of steps that can be taken during the appeal process, they can start with a request for reconsideration and if necessary the case can be elevated all the way to federal court. There are a number of states that have eliminated the reconsideration step and instead go straight into the administrative hearing.

The administrative hearing:

You are granted 60 days to request for an administrative hearing which will be held in front of an administrative judge. You and your disability lawyer will be invited to provide substantiating evidence to support your claim. There may be a wait of several months until your case is heard but once it has been the judge will review the data and supporting information you have provided and make a ruling. During the hearing you can bring witnesses along with you that can attest to your disability and the extent of it, all of which is adding support for your cause. The hearing is somewhat informal, they are held one on one with the judge, your attorney and any supporting witnesses, the proceedings are recorded in the event that the appeal fails and you wish to elevate your appeal to the next level which is the appeals council.

Appeals Council:

In many cases the appeal will not have to go beyond the administrative hearing but if it does the next step is to elevate it to the appeals council. The council does not accept any new evidence; they use that which has been presented in defense of the application. The council more or less is looking for any administrative errors.

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