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Social Security Appeals Necessitates Representation

It is a general idea that an initial application for disability benefits with the Social Security Administration will most likely be denied. In fact, the records show that approximately more than 70% of the total applications filed to the SSA get negative results. Nevertheless, it is good to know that the SSA gives their members the right to appeal their cases.

The Appeals Process

After the disability examiner come up with a decision denying a claim, an individual may still pursue his case if he firmly believes that he is indeed qualified to get his disability benefits. The next thing that he should do is to file a request for reconsideration to the SSA. This is what will happen next:

  • The SSA will examine all the information stated in the application and make sure that all of the needed data are complete. If not, they will try to contact the applicant to get the missing or ambiguous information.

  • The claimant will be asked to fill up a disability report and sign medical release documents.

  • The case information and documents will be sent to the assigned office, which will determine whether the applicant is disabled or not

  • Such office may request for further medical documents and records as stated in the claimant’s medical report.

  • They will again thoroughly assess all the medical records submitted including the past ones.

  • The claimant may request for a meeting with the office to discuss other matters.

  • The decision will be sent through registered mail.

Nevertheless, if an appeal for reconsideration was denied by the SSA, the claimant may still bring his case to the Administrative Law Judge for review. The ALJ has the authority to agree, revise, or completely reverse the decision of the examiner. If the ALJ agrees, the applicant then may result to his final appeal to a civil court, which has the final say on the matter.

Right to Representation

On the dread of being charged with such a high professional fees, most applicants refuse to hire their representatives in filing their appeals. This belief has resulted in many denials and longer period of acquiring their benefits due to the applicants’ incompetence and lack of knowledge in pursuing such dealings.

Like in any court litigation, it is definitely important to understand what laws that applies in a particular case. Thus, an experienced SSI disability lawyer, who has the sufficient skills in defending a claimant’s rights, can increase the possibility of gaining good outcome in a Social Security procedure.

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