When filing a Social Security Disability Claim, it is important to be extremely thorough. However, even after you've done all you can or should do in completing the required paperwork, there is nearly a 90% chance that your disability claim will be denied.
Don't give up. It is important to remember that most disability claims are awarded only after the applicant has appealed the denied claim.
Social Security Appeals
Practically speaking, Social Security Appeals come in two forms: 1) The reconsideration, and 2) the disability hearing. The important thing to remember here is that you only have sixty (60) days to file an appeal from the date of the initial claim denial letter.
Filing the Request for Reconsideration may seem redundant and confusing. However, the Reconsideration should be treated as though your disability is at stake. It is very important to consult a qualified Social Security Disability Attorney at this stage of your claim.
Similarly, when filing for a hearing request, you should also have an experienced social security lawyer assist you. Statistics show that claims that are represented by a qualified attorney have a much higher chance of success than those claims that are not represented.
Preparation for An Appeal
How can you prepare for a social security appeal? Well, if you're simple preparing for a recoonsideration of an intial application, the most important thing is to make sure that you've got all of your medical records, and any other statements that may indicate your disabled status. Go over everything with a fine-toothed comb. If you've still got plenty of time before your 60-days runs out, you may want to see if you can get an updated narrative statement from your treating physician. An up-to-date statement of disability from your treating doctor is very important.
If you're preparing for an appeals hearing, you may seriously want to consider discussing your case with an attorney. A qualified social security disability attorney can help pinpoint weak areas in your case, can help you anticipate questions that you will be asked in the hearing, and can help you know how to best answer those questions. Simply put, good client preparation helps win cases. In truth, a good qualified, experienced social security attorney can compensate for so much when it comes to increasing your chances of success at the hearing level. So, if you're preparing for a hearing, the number one thing is to speak to a good attorney.
What to Do If Your Appeal Is Denied
If your reconsideration application is denied, then you'll want to file for an appeal hearing right away. Again, a good attorney should always be consulted in this event. Your 60-day clock begins to run based on the date on the denial notice letter, not on the date that you received the letter. The sooner you consult a lawyer, the sooner you can begin to prepare for your upcoming hearing.
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