What If My Disability Benefts Are Denied?
The process of being qualified for Social Security disability benefits is sometimes so lengthy that a person gives up with no appeal. The reason that this quest to receive monetary monthly payments takes so long is that usually the first time you apply, your disability benefits are denied—this is the case with Social Security disability and SSI disability. My advice to you is, “Don’t give up on your claim”—60% of the claimants are denied the first time by the Social Security Administration. This is confusing and frustrating because, naturally, you think you deserve your benefits. Your first thought will likely be, “Well, I paid enough into the system!”-- You’re right! Many folks do not understand the requirements to be deemed eligible for benefits. When you appeal, you need to hire a lawyer who is experienced in this type of case. Let me enlighten you that there is a 60 day statute of limitations. If you get an attorney to help you obtain you benefits, you will not have to pay the attorney unless your claim is won. If you are approved, the lawyer will receive 25% of your back pay check form Social Security. If you have had your disability benefits denied by the Social Security Administration. Your lawyer will gather the appropriate information needed. There may be important and pertinent documents that you failed to supply the first time you applied for benefits. A good disability benefits lawyer will be well prepared when he sets foot in the hearing room. He will not be intimidated by the Social Security Administration lawyer. A Judge will make the final decision at the hearing as to whether you qualify as a disabled person. Out of all the Social Security offices, only 141 of them deal with the appeal process. These Social Security offices are sworn by law to be fair in determining your eligibility for benefits. When your disability benefits are denied the first time, the next step is called reconsideration. Now, you can represent yourself if you are denied upon reconsideration—you don’t absolutely have to acquire a lawyer. But, just a word of warning-- a person who acts as his own lawyer has a fool for a client. You don’t likely possess the skills to fight the Social Security Administration alone. They are fighting against you with an experienced lawyer, why not fight them with equal force. An attorney can probably get his hands on medical and hospital records that you don’t have the know how to obtain. The appropriate records can be difficult to put together in the order in which the Administrative Judge needs to see them. He makes the final decision at the appeals hearing. Your lawyer can go back and look into your prior records and determine if there was anything in your records or even personal information that could have resulted in your disability benefits denied to you the first time. He can tell you what to say and what not to say in your hearing and he can question the Social Security’s medical experts and vocational experts waiting to say you are not medically disabled enough and tha you can do other jobs. The only way you are going to beat the system when your disability benefits are denied is to seek professional legal advice and go in to the case full force and ready for whatever they may throw your way. As I said to begin with, you are well-deserving of your disability benefits.
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