If you believe you qualify for Social Security Disability you can apply for your disability benefits by submitting an initial application for disability benefits over the phone, on the internet, or in person at any Social Security Administration office (SSA).
If you fill out the application correctly, and you have all of your documentation in order, you should receive a letter within 3 to 5 months from the SSA containing their decision to approve or deny your claim.
Paperwork is commonly misplaced delaying the decisions by the SSA by a number of months. This is especially true when applications are not filled out correctly or are incomplete. In addition, in more than 60% of all cases, the claim is denied.
Filing for social security disability can be stressful, all the while you worry that you have put your benefits at risk because you did something wrong. We will ensure your application is filled out correctly, so you will not be denied on a technicality. Our experience means an increased likelihood of your Social Security Disability claim being approved, and you receiving the maximum benefits.
When your claim is approved you will be awarded a monthly payment amount as well as back pay to the date of onset of disability. You may also be entitled to up to 12 months prior to the initial application, if you are able to prove you were disabled during that period. Often a decision takes months to even several years to arrive, and this means your back pay can be a significant amount.
However, many times for you to get a favorable ruling that includes back pay, you will need to have an experienced Social Security Disability attorney looking out for your best interests.
If your disability claim is denied, and you feel this decision is in error you have the right to appeal. The appeal process is extensive. Having the expertise of a Social Security Disability attorney advocating for you leaves you to focus on your health, and increases the likelihood of a positive outcome.
There are four levels of appeal. Any of these can overturn all, or part, of a prior decision the SSA has made. The stages are as follows:
The claim is resubmitted to be reviewed by an SSA representative that was not involved in the denial decision. Denial rates at this stage are approx. 85%, so you must be prepared to go to Hearing.
At this stage the disability claim goes before an Administrative Law Judge. You will be allowed to bring forth witnesses, present evidence, and answer questions that can support your case before the judge. Once the hearing is complete, the SSA will send to you a copy of the letter that contains a copy of the written decision by the judge. Statistically, your chances of winning at the hearing are much better if you are represented by a Social Security Disability lawyer.
If you disagree with the decision of the judge, you have the right to bring the case before the Social Security Appeals Council. The council has the right to deny the appeal, hear and review the case on their own, or have the case sent back to the Administrative Law Judge for review again.
If the Appeals Council Hearing is unsatisfactory, you have a final recourse to file a lawsuit in the Federal District Court.
Denials are common at the initial and all reconsideration stages. The appeals process is complicated, overwhelming, and long. One small mistake and you could lose your appeal. Besides, with poor health you shouldn’t be under such stress. Having an experienced Social Security Disability lawyer advocating for you can be very beneficial, and significantly increases the likelihood of a positive outcome for your claim.
If you are applying for or have been denied SSI or Social Security Disability benefits, fill out our free consultation form today or call 800-800-4600.
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