Appealing The Decision Of The Social Security Administration

by | Jan 15, 2015 | Legal

Statistics show an alarming number, they show that a full 75 percent of applications made for Social Security disability benefits are denied outright by the administration; however, the rules of the SSA are such that those applicants who are denied benefits have the right of appeal. The rules and regulations that apply to Social Security disability insurance are extremely complex, so much so that a layperson will be lost in the appeals process, the result is they turn immediately to a disability claim lawyer in Orlando for assistance with the appeal. The process begins with a request for consideration addressed to the Social Security administration. Upon receipt of the request the SSA dispatch the paperwork that is needed when formulating the appeal. Depending a great deal on how the initial request for reconsideration goes the issue can quickly accelerate to the point where the disabled applicant and his lawyer will be asked to appear in front of an administrative judge; it can go further if necessary, all the way to a US district court if need be.

Should the initial application for benefits be denied, and most are, the administration will advise the applicant on the reasoning behind the rejection as well as information on the appeals process which they are automatically entitled to. If the claimant disagrees with the finding and the decision of the administration he or she can refute the denial within 60 days, for this it is always best to hire a disability claims lawyer in Orland to assist you with the process.

The letter to the administration asking that they reconsider their decision must be very complete and concise; it must include the specific reasons why the applicant is deserving of the benefits and why the decision to deny benefits in the first place was wrong. When this process is ongoing it can help if the letter for consideration includes all supporting documentation, this could include an opinion from a second doctor or the detailed results of every appointment the applicant had with his original doctor. The officials that review the decision are different from those that made the initial denial of benefits, this insures total impartiality.

If the letter for reconsideration results in a further denial of benefits the disability claim lawyer in Orland will accelerate the case the next level which is to request a meeting in front of an administrative judge. The applicant, the lawyer and the judge meet in person, during this meeting the judge has the right to and will ask any questions that are felt necessary to come up with a ruling. The applicant has the right to bring expert witnesses along who can attest to the severity of the disability. Once the judge has studied the details presented a decision will be made and the applicant will be advised of the outcome.

During the process the claimant can represent himself but it has been shown that a claimant who is represented by a disability claim layer in Orlando has a much better chance of seeing the denial of benefits overturned.

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