If your initial claim for Social Security disability benefits is denied, you are not alone. Approximately three quarters of all claims made are disallowed on the first time around and when this happens be prepared for the Social Security appeals process that lies in front of you.
Social Security is a federal government program so the rules that apply are nationwide, saying that there are minor differences based on where you live. In most states the first appeal is called “reconsideration”, this is when your state Disability Determination Service reviews your claim and makes a decision to either accept the claim or deny it again. In some states this step has been discontinued in an effort to speed up the processing of disability claims.
Preparing for reconsideration:
There is a very good chance that your initial claim for benefits will be denied, about 75 percent of them are. At the first stage; reconsideration, there is no need for you to point out any errors that you consider were made by the original DDS review, all you have to do is simply file a request for reconsideration. At this stage of the appeals process however, you should review the notice of denial that you receive and pay heed to the medical records that the DDS used to make their decision. In many cases the DDS do not have all the medical information and evidence which is relevant to your case, if you notice that medical documentation was missing from the first application, make sure you include it with your appeal.
It is not just medical information from the time you were first declared disabled; to win your case you should also include any recent doctor’s reports, the chances of successful Social Security appeals can hinge on the DDS having up-to-date information on your condition at their disposal along with a statement from your attending doctor.
If your doctor has yet to submit his or her opinion of your functional capacity then by all means, request it. At this stage you may have already engaged a disability appeals lawyer to help you, the lawyer knows exactly what to request of the doctor as he or she knows what the SSA needs to evaluate your current condition.
If your request for reconsideration fails your lawyer can take the appeal to the next step which is directly to an Administrative Judge.
If you are denied disability benefits you will be given an opportunity to pursue a number of Social Security appeals which allows you to reinforce your case. To ensure the best chance of success you are wise to hire a lawyer who is seasoned in the appeals process. Browse the site website domain for more information.
