Appealing A Denied Claim For Social Security Disability Benefits

by | Jun 6, 2016 | Law

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Statistics show that about three quarters of all applications for Social Security disability benefits are denied outright. There are a number of reasons cited by the authorities:

   *   Disability is not expected to last a year

   *   Claimant can still perform work

   *   The disability is drug or alcohol related

   *   Insufficient medical evidence to process the claim

   *   Failure to follow the directions of medical personnel

   *   Claimant found work prior to proving the alleged disability

If your application for benefits is denied, don’t panic, you have every right to hire a Social Security attorney in Tennessee and appeal the initial decision. The first step in the appeals process is requesting reconsideration, in other words take another look at the application. It is always best to appeal rather than start anew as the date of the original application is important in calculating the claim amount.

What if the request for reconsideration is also denied?

An equally small percentage of claims are approved at the initial stage, don’t be surprised if yours is one of them. The appeals process is actually multi-stage; after reconsideration is a hearing, then it can move to the appeals council and finally a law suit can be filed in federal court although it rarely goes that far.

By this time your Social Security Attorney in Tennessee will have requested a hearing with an administrative law judge, this is the only time when you, your attorney and a representative of Social Security will actually meet. During the hearing you can explain in finite detail your disability, the judge can question you and any medical or vocational specialists that you have with you and in return, your lawyer will question the ALJ and the expert witnesses from Social Security. A high percentage of applications are approved at this stage.

If you have been denied Social Security disability benefits you have the right to appeal the decision. At this time you should consider hiring a seasoned Social Security attorney in Tennessee; you are invited to discuss your case with the Law Offices of Miller & Drozdowski, P.C. Visit us at http://lawknox.com.