Three Key Things To Know About Disability Claim Denials And Appeals

If you're applying for Social Security benefits for disability, it's important to understand that your claim may be denied on the first evaluation. While many claims will be approved on first review, you should familiarize yourself with the process for dealing with a denial. After all, many cases are subsequently approved when the decision is appealed. The more you know going in, the easier the process will be for you moving forward. Here's a look at some of the things you should know about dealing with a denied disability application.

You Can Hire An Attorney To Help You

A disability appeal attorney can help you evaluate the reasons for your denial and formulate an appeal that will clearly counter any reasons for the denial. In addition, the attorney will also look through your medical records for any additional evidence that might support your claim. Finally, your attorney will also request that the Social Security Administration schedule a consultative exam with a medical specialist to help document your symptoms.

The Appeal Process Takes Time

As soon as the appeal is filed, your case will be delivered to a medical consultant for a second review. The consultant who receives the appeal will be a different one than the consultant who made the initial decision. This ensures that your case is reviewed by two different people. This review will be to determine if there is cause for the claim to be reconsidered.

If the reviewer finds cause to open the case up for reconsideration, it will then be put back through review and may be presented to a judge for a formal determination. During this stage, you'll be at the mercy of the court's scheduling. Depending on the caseload, you may have to wait a few months. You'll want to plan to appear with your attorney when the hearing comes up.

You'll Have A Periodic Review To Assess Your Case

Depending on the type of disability you have and any potential for recovery, you may be required to complete a recertification every few years for both your medical condition and any income you may be earning. If you are deemed ineligible during a periodic review, you may be able to preserve your benefits while you appeal that determination. Your attorney can request preservation of your funds while you wait for that appeal to be heard.

Even if your disability case goes to appeal, there's a good chance that providing further detail will help you obtain an approval. Talk with an attorney at a law firm such as Iler and Iler today to have your case re-assessed.