Proper Steps to Take after You’ve Been Denied in Order to Ensure that Your Chance of Winning are Maximized
Going through the application process for Social Security Disability benefits can be confusing and frustrating. Most applicants believe that just because they have worked long enough and paid their share of taxes, they will automatically get their benefits regardless of any disability claim mistakes made during application. Furthermore, many more applicants have the misconception that by simply filling out some forms, their benefit checks will automatically arrive within a couple months. Unfortunately, this is simply not true. A recent study by the Social Security Administration provided that 65% of all initial claims are rejected nationwide, that’s 2 out of every 3. Moreover, out of the 65% percent who are denied, less than half are appealed to the next level. That means that about a million people a year are so confused by the process or discouraged by their first denial that they give up!
What to Expect After a Denial
So you have been denied just like many clients who come to us at this stage. Even a poorly developed Initial Application can be turned into a winning claim in the hands of an experienced Social Security Disability Attorney. At Disability Claim Attorneys, upon conducting a free review of disability case, we may be able to correct the mistakes and omissions of a denied Initial application and win your claim at the hearing.
We encourage most that have been denied, due to disability claim mistakes, to appeal and we urge them not to get discouraged. The rates of success dramatically increase at the appeals level, especially if you are represented by a firm, such as ours, who has countless years of experience handling only Social Security Disability cases.
In most situations, after an initial denial, we may appeal your case directly to a hearing. In certain cities however, we may have to submit your case for reconsideration by the same people who denied it in the same place. Unfortunately, very little changes at the reconsideration level unless there are new conditions that the State Agency did not know about or new treating sources they were unable to contact. If your claim is denied again at the reconsideration, then we may appeal your case to a hearing.
In an instance, you only have 60 days from the date of your denial to file an appeal.
An Experienced Social Security Attorney is Vital
Would you ever consider, without an attorney, going up against an insurance company and their lawyers if you were suing for personal injuries? How about trying to prove your innocence, without an attorney, when you have been charged with a crime? Your answer to both of these questions is likely no. So why would you want to take on the Social Security Administration, a Federal Agency, on your own when your livelihood is at stake?
Simply stated, many applicants are denied because they do not how to properly and thoroughly prepare a disability case. What’s more troubling is that a 2010 report from the Social Security Inspector General found that 78% of applicants have a hard time reading, understanding or properly completing forms. Remember that Social Security does not owe you a duty to Attorney your claim. It is your obligation to prove that you are no longer able to work and this is where we come in.
Firms that specialize in Social Security Disability, such as ours, generally have a high level of familiarity and expertise with the Social Security rules and regulations. In many instances, they will have invaluable claim experience including knowing what Social Security will be looking for, which questions to ask, and how to strategically argue your case. Another words, the level of skill needed to win is far more than the Social Security Disability basics often found on the Social Security Administration’s website.
Because we get paid on contingency (only if you win), we spend a lot of time and resources to ensure that a client’s case will have the best chance of success. This includes tracking down important medical records and test results, obtaining detailed statements from a claimant's treating physicians, applying a thorough understanding of SSA rules and regulations as well as considering prior cases which may apply to the client’s matter.
If you are considering hiring us to represent and appeal your claim, feel free to consult with one of our experienced disability Attorneys. You may either call or fill out our contact form so that we may conduct a Social Security Disability free evaluation in Glendale or another city. Remember, disability cases are all that we do and we don't get paid until we win.