How to Appeal your Denied Social
Security Disability Case
When you apply for disability
benefits, there is a good chance that your application will be
denied. Frequently deserving cases will be denied
because the Social Security claims agent does not have medical
records or other documentation to fully evaluate your claim.
If
you are denied, do not give up. You can and should
appeal your denial by filing a "request for
reconsideration" within 60 days after receiving your
denial. If your reconsideration appeal is also denied,
you can and should request a hearing before a Social Security
judge. Here, too, you have 60 days to file an appeal.
You may wish to consult useful publications for assistance in
completing Social Security's forms. Attorney Jonathan
Ginsberg's Disability Answer Guide (Social
Security disability forms) as well as the Nolo Guides are
examples of written and recorded products that can help you
make sense of the confusing appeals process and
can significantly improve your chances at winning early.
When
you request a Social Security hearing, your case will be
assigned to an administrative law judge in your
community. Unlike the Social Security claims agents,
Social Security judges have much more decision making power to
approve your case. In most cases, you are better off
retaining a lawyer to represent you in a hearing before a
judge.
Social
Security lawyers will typically handle your case under a
contingency fee contract, meaning that there is no fee unless
you win. Often you can expect to pay your lawyer 25% of
past due benefits collected. When you choose a lawyer, you
will enter into an attorney-client fee agreement that spells
out the terms any fees that are charged.
If
you lose at your hearing, there are two more levels of appeal
- the Appeals Council and Federal District Court. Both
of these appeals should be undertaken with the assistance of
an experienced lawyer.
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