What Are the Chances of Winning Disability With a Lawyer?
If you've applied for Social Security and were denied, there is still hope for your approval. If you want to appeal the decision, it's best to work with a lawyer with experience in Social Security issues who can represent your case.
According to George Sink, an attorney who has successfully represented many clients in Social Security disability cases, applying for SSD benefits should be straightforward, but instead it is often time-consuming, complicated, and confusing. These benefits are meant to help disabled people to have an income when they are unable to work, but unfortunately the red tape can keep many disabled individuals from accessing the assistance they are entitled to under the law.
If you’ve been denied SSD benefits, don’t give up hope. You can appeal the administration’s decision, and you may very well win your case if you do.
How to Appeal a Social Security Decision
Whether your denial was for medical or non-medical reasons, you can appeal the decision. You have to submit your request in writing, and you must appeal within three months of the date you received your denial letter. The fastest way to submit your appeal is to fill out the form provided to you by the Social Security Administration. You can find the form at www.socialsecurity.gov/disability/appeal. You can fill out and complete the form online, even if you don't currently live in the U.S.
There are four basic appeal levels when it comes to Social Security:
-a court hearing
-a review by the Appeals Council
-a review by the Federal Court
When you receive a decision letter from the Social Security Administration, you'll receive instructions for your appeal.
How to Be Eligible for Reconsideration
Reconsideration involves a thorough review of your claim. A person who did not participate in your initial denial will go over your claim. The new reviewer will look at all the evidence you originally submitted along with any new evidence you can provide.
You usually don't have to be present for the file review process. However, if you're appealing the Social Security's decision because you had a previous disability and your condition improved, you may need to meet with a representative from the Social Security Administration to explain the reason for your appeal.
A Social Security Hearing
If a decision is made concerning your reconsideration and you don't agree with it, you can request a hearing. An administrative law judge will conduct your hearing. This judge is a non-biased party since they were not involved with your denial or reconsideration. In most cases, the hearing will be held no more than 75 miles from where you live. The judge will tell you when and where your hearing will take place.
Before your hearing, you may be asked to provide more evidence pertaining to your claim and to explain information related to your appeal. During the hearing, the judge will ask you questions about your claim. If you bring witnesses, the judge will question them as well. An administrative law judge will also get information from vocational or medical professionals concerning your claim.
Sometimes, hearing is conducted via video conference. You will still be notified of the time of your hearing so you can appear on time. A video hearing is often more convenient, and it may be easier for your witnesses to attend the hearing.
Lawyers who work with Social Security cases know that application denials are common. Many people are rejected the first time they apply, especially if they don't have an attorney assisting them. Some individuals who apply after being denied have a higher chance of acceptance if they have legal representation.
Chances are your application will be accepted after your appeal and reconsideration. Consulting with a lawyer will help you add more details to your application to let the Social Security Administration know more about the nature of your disability and how your disability prevents you from working.
The forms you'll have to fill out include:
-Form SSA-3441-DK, which is the disability report appeal form
-Form SSA-827, which is the form that gives you permission to reveal information to the Social Security Administration
-Form SSA-561-U2, which is your official request for reconsideration
An attorney who has experience representing Social Security cases can help you get approved for disability. A qualified attorney can review all the specifics of your case to determine what you're eligible for. When you have a qualified lawyer on your side, your chances of getting the money you deserve from Social Security are much higher.
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