Social Security Disability benefits are available to individuals who become permanently disabled and cannot work due to that disability. Unfortunately, to receive those benefits, individuals must go through a lengthy application process that often results in denial.
Disability Denial
Many people who are disabled attempt to apply for disability benefits on their own. Often, these individuals are denied, even though their disability qualifies them for benefits. A call for a lawyer may be the best option at this point.
Most people that apply for disability benefits do so as a last resort. Their disability or illness has made it impossible to work and provide for themselves. When a denial comes, many give up and suffer through the difficulties of their disability without proper income.
Many disability applications are denied due to missing medical information or incomplete applications. Using a lawyer from the beginning of the process may prevent some of these errors that get a claim denied in the first place. Fortunately, even after a denial, these individuals still have options that a lawyer may be able to help with.
Appeal the Decision
After receiving the initial denial, applicants can appeal that decision and have their case reconsidered by the Social Security Administration. This process consists of the SSA reviewing information already provided and possibly meeting with the applicant.
The appeal for reconsideration must be initiated within 60 days of receiving the denial for benefits. The reconsideration process takes about 100 days to complete. Any updated medical information should be provided at this time.
Unfortunately, this process is basically another person from the SSA reviewing the same information as the first attempt. These reconsiderations usually end in denial as well. More than 86% of reconsideration cases are denied. Fortunately, this is not the end of options for disabled individuals.
Request a Hearing
If still denied after the reconsideration process, individuals can appeal again. This second appeal is a request for a hearing. This appeal is not handled by a disability examiner. It is actually seen by an administrative law judge.
To request a hearing with an administrative law judge, an appeal must be filed within 60 days of receiving the denial from the reconsideration. This is the longest part of the appeals process due to severe backlogs of those waiting for a hearing. This part can take up to two years to get a hearing.
Medical Evidence
When appealing for a hearing, it is important to gather any evidence that may be needed. Once it reaches this point, the SSA will no longer collect medical information on its own. This requires the claimant to seek out this information and submit it for review.
An attorney can be a big help in this process. This is due to the fact that it can be complicated getting some medical records, especially mental health records. An attorney can more easily, with a release from the claimant, get the information needed to properly pursue the case.
In addition, the attorney can review the entirety of the case and determine if there is medical information that is missing from the file. If needed, the attorney can even help the applicant seek out the medical evaluations needed to prove the case.
The Hearing
An attorney will also represent the individual when the case finally gets to the hearing. During this hearing, an attorney can assist in presenting the right evidence and proving the case to the administrative law judge.
Hiring an attorney is not a necessity to receive disability benefits because anyone with a permanent disability should receive these benefits. However, an attorney can improve an applicant’s chances of winning in this appeal because they will ensure the information proving the case is complete and error-free.