Professional Attorney Assistance With Your Disability Benefits Appeal

Posted by on October 20, 2014 in Blog | 0 comments

If you recently filed for disability benefits and your claim was denied, it is important to contact a disability lawyer as soon as possible. Approximately 70 percent of all initial disability claims are denied, often times due to unintentional application omissions or inconsistencies. An experienced Social Security disability attorney can help you in filing an appeal in order to obtain the benefits you are entitled to. Read on to learn more about the disability claim appeals process with the assistance of a professional attorney.

 Disability Reconsideration Review

In most states, the first step in filing a disability denial appeal is to submit a request for reconsideration. States that do not allow for reconsideration require that applicants start the process with an initial disability hearing. Your attorney will assist you in filing your request in an accurate and timely fashion. During the reconsideration period, your initial claim will be reviewed for a second time by an independent medical examiner and medical consultant. If the medical examiner and consultant agree with the first decision and deny your claim, you will receive a second denial notice advising you on your rights to appeal. If your claim is approved, you will receive an award letter that states the amount of benefits you are entitled to, as well as the date when you should start receiving payments.

Administrative Law Judge Disability Hearing

If your state does not allow for reconsideration or if your reconsideration request was denied, the next step in the appeals process is to request a disability hearing. Prior to your hearing, your attorney will examine your medical records and assist in obtaining additional documentation to remedy any inconsistencies or omissions in your initial claim.

During your hearing, your case will be presented to an administrative law judge. The judge will assess your initial claim and consider all new evidence submitted to the court by your attorney. If the judge grants your appeal, you will receive a determination award letter that will state the specific amount of disability and back pay benefits (if any) that you are entitled to. If the judge denies your appeal, you have the option to request a review by the Appeals Council.

Appeals Council and Federal Court Review

If the Appeals Council reviews your case and does not agree with the administrative law judge’s decision, you will receive a benefit award letter and will begin to receive disability benefits. If the Appeals Council agrees with the administrative law judge and denies your claim, the final option is to file your case in federal court. A federal judge will hear your case and make a final decision regarding your benefits.

Professional Legal Assistance

While it is not a requirement for disability applicants to retain the services of an attorney in order to file an appeal, it is definitely in your best interest to do so, as the procedure can be complex, especially as you move through the various levels of the appeals process. Trusting your case to a seasoned disability attorney, like those at the Law Offices Of Russell J. Goldsmith, can help to ensure that your appeal is handled in a professional and efficient fashion.

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