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Friday, May 25, 2018

What is the Best Way to Appeal A Disability Benefits Rejection?

Social Security Disability Insurance provides financial benefits to individuals who are unable to work because of a disability or impairment. If a person suffers a debilitating injury or illness, the person should be able to rely on the Social Security Administration (SSA) to adhere to the laws governing disability benefits.  The process should not be overly difficult for someone who is already fighting to take care of themselves after a terrible accident or illness. Unfortunately, our Texas benefit appeals lawyer assists many people who have been denied SS disability benefits unjustly and unfairly.

If your SS disability benefits application has been denied, our law firm can help you file an appeal. Working with an experienced Texas benefit appeals lawyer can make the process of filing an appeal of a disability benefits rejection less stressful and frustrating because the attorney deals with the bureaucracy and red-tape involved in an SSA appeal.

What is the First Step After Receiving a Rejection of Disability Benefits?

For many people, receiving the denial of disability benefits is heartbreaking. Once the shock of being denied benefits wears off slightly, it is very important to begin the appeals process immediately. The deadline to file an appeal of the denial is very short.

The SSA denial notice contains information you can use as you prepare for the appeal. In most cases, you have 60 days from the date you receive the notice to file your appeal. It is better to use 60 days from the date of the letter as your deadline so that you do not risk missing the deadline to file an appeal.

The first step in the appeals process is to complete SSA Form 561 (Request for Reconsideration). You may also request a reconsideration of the decision online. In addition to Form 561, you must also submit the other required SSA forms to complete the request for reconsideration.

In most cases, the SSA conducts a review of the evidence submitted with your initial application and any evidence you may have submitted with the reconsideration request with a hearing. The SSA notifies you in writing of its decision on your request for a reconsideration of denial.

Three More Appeal Levels

If the SSA denies your request for reconsideration, there are three more levels of appeal. Appealing a denial of SS disability benefits is much like climbing stairs. If you do not succeed, you continue moving up the “steps” until the decision is reversed, or you run out of appeals.

The Next Step in an SSA Disability Benefits Appeal

Many people file the first appeal without an attorney. However, if the request for reconsideration is denied, we encourage you to contact our office to discuss your disability denial with our Texas benefit appeals lawyer. The appeals process becomes more complex with each new level of appeal.

After the first level, you can request a hearing by an administrative law judge. At the hearing, the judge reviews the information submitted to the SSA and questions any witnesses you bring with you to testify on your behalf. Your attorney may also ask the witness questions to help the judge understand your position. A Texas benefit appeals lawyer can be very helpful during this stage in the disability appeals process because your attorney can help locate expert witnesses to offer evidence of your disability.

If the administration denies your appeal, you can also request a review by the Appeals Council and then a Federal Court. An Appeals Council may issue a decision, or it could send the matter back to the administrative judge. The Federal Court review is the last step in the appeals process.

Hiring a Texas Benefit Appeals Lawyer to Assist with the SS Disability Appeals Process

You do not need to go through the frustration of dealing with the SSA’s appeal process alone. Our Texas benefit appeals lawyer can help you fight for the disability benefits you are entitled to receive by law. Contact the Texas benefit appeals lawyers at the Law Office of Carey Thompson today to discuss your options.


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