Free Case Review

5 Tips in Disability Case Review

Being disabled is hard enough but getting approved for disability benefits can be even harder for most people. As some disabled applicants are physically or mentally incapacitated from putting together a complete and winning application, hiring a social security attorney especially during disability case reviews is a must.

Although rejected disability cases can be submitted for review or appealed, it is always best to get things right the first time around in order to get benefits as soon as possible. Aside from hiring a social security lawyer to represent you, you may also seek the advice of a disability benefits expert to guide your claim.

So if you’re applying for or have applied to or have been rejected for disability benefits – your case will never be considered closed unless you decide not to appeal. Here are things you need to know about applying on your own or getting a case review:

  • There is a strict definition of the word “disabled” under the Social Security Administration (SSA). To qualify for benefits (whether in your application or your disability case review), you have to be unable to engage in any substantial gainful activity because of any medically determinable physical or mental impairment. Further, as the SSA does not provide short-term disability benefits, your condition should be expected to result in death or has lasted for a period of not less than 12 months.

  • Further, even if you are disabled, you would have to prove it accordingly. It isn’t enough to claim that you’re disabled; your physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings.

  • A network of local Social Security Administration (SSA) field offices and State agencies, the Disability Determination Services or DDS is responsible for reviewing all disability benefits claims. The DDS makes the initial determination on whether or not a claimant is disabled or blind under the law and may also handle subsequent reviews of unfavorable determinations.

  • After requesting for reconsideration or a review of the DDS’s decision which may be unfavorable to you and you still get denied, you can file an appeal with the Office of Disability Adjudication and Review and request for a hearing with an administrative law judge. During the hearing, additional evidence may be introduced to prove your claim.

Aside from any physical or mental impairment that incapacitates you from putting together a winnable claim, bear in mind that 35 million Americans have been reported to be living with severe disability so the SSA reviews tons of disability cases, so getting approved will never be easy.

The best thing you can do is hire a social security lawyer in your area to facilitate your claim. After all, their fees cannot be than 25 percent of past-due benefits or $6,000, whichever is less so having legal representation is both convenient and cost-efficient.

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