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What Is the Appropriate Next Step After Social Security Disability Insurance is Not Awarded?

Posted by admin on Jan 20, 2010

Q: When you apply for social security disability, how does the agency decide to deny or approve benefits?

A: Information regarding your medical condition is the number one thing that will affect whether you are approved for benefits or not. Be certain that the doctor who is currently treating your condition believes you should qualify for social security disability insurance and will cooperate with the required paperwork. Your physician will have to provide a letter describing your condition, prognosis and your ability to work. Your disability case will be based on that descriptive statement provided by your physician. It would be wise to find a new physician, if your current one is not responsive or has told you he cannot support your social security disability claim. The claim representative will also look at your actual medical files to get a complete picture of your condition. It is important to confirm with the claims examiner (or your lawyer, if you have one) that the most current medical records have been sent. A wait for medical files is the biggest reason claims are delayed. Although medical data is what the claims examiner will use to determine your eligibility for disability insurance, you also want to make sure you have completed the application and any other required forms correctly and on time. A claimant who has strong medical evidence and has met all the deadlines is a good contender for disability benefits.

Q: What is the next step after your application is not awarded social security disability insurance?

A: The next step is to file an appeal. Many claimants make the mistake of applying all over again. Your claim will likely be denied again and you will lose valuable time that could have been spent on an appeal. You must file an appeal within 60 days of when you were notified of your denial. If you currently have a social security disability attorney, he or she will handle this for you. It is wise to communicate regularly with your attorney, though, and confirm that the appeal has been filed. If you do not currently have legal representation, contact your claims representative for details regarding how and by when you need to submit your appeal.

Q: Why are there so many different names for the appeals process?

A: When you submit an application for social security disability insurance and are not approved, you will likely plan to appeal your claim. Your claim will undergo a few steps when you appeal, and those different steps can cause confusion if you do not know what they mean. In most states, the first appeal is called a reconsideration. There are a few states that are currently not using the reconsideration step, so check with your attorney or claims examiner to figure out if you should not file for reconsideration. A reconsideration is simply another review of your case with a new set of examiners. The majority of cases that are reconsidered are denied benefits. The next appeal after reconsideration is to request a hearing.

1 Comment »

Totally great. Great info.

January 28th, 2010 | 5:53 am
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