“How Likely am I to Have a Successful Appeal?”

by | May 18, 2016 | Legal

In cases where disability is not approved, you can go through the appeals process to ensure that your claim is overturned.  Every state is different when the appeals process begins, and knowing which laws apply to you should help in the process.  In Maryland, the appeal process has a higher rate of approval for anyone who appeals.

The first step should be to hire a representative.  Adding a  representative can take the stress out of wondering how to argue your case correctly.  They work in a timely fashion to ensure that the case is heard quickly, and the case is closed.

Obtaining your medical records from your physician is of particular importance to your argument.  Many physicians are willing to work with you and send your documents to you very quickly.  If you hire an attorney beforehand, the attorney can file the appeal.  The appeal should be filed within 60 days, or the claim will automatically be denied.  You can request a hearing with a judge before hiring an attorney, but hiring an attorney can give you the information you need to have the correct documents.

The process to start the appeal includes calling the local Social Security field office to appeal your claim.  You will be sent the proper forms to complete, and the right place to mail the paperwork.  There are forms for reconsideration and hearing by an administrative law judge, depending where you are in the appeal process.  In Maryland, most claims are denied, so it is important not to become discouraged.  If you have filed and the claim is denied, it would be an excellent idea to hire a disability lawyer.

Reopening the claim can be requested to the administrative level of the claim.  Requesting a reopening must be completed by the year anniversary of the claim because it will then only be allowed in certain situations.  You can file a new claim as well, thus starting the whole process again from the beginning.  There are alternatives, but they may be more time consuming than is necessary.  Knowing what steps to take will allow to take the correct course of action without wasting time and not being able to receive your benefits.

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