If you wish to file a disability claim in South Carolina, it is best to begin the process with an attorney that specializes in this type of law. That way, you can handle the procedure with less confusion and frustration. Plus, you also need a legal advocate on your side as the majority of initial claims in the state are usually denied.
However, you do not have to feel discouraged if your claim is denied at first, especially if your work with SSDI attorneys. If you have been denied, you can have your attorney file a “Request for Reconsideration”. This must be done within 60 days when you are notified by the state’s Disability Determination Services, or DDS office. At this point, your claim will be reviewed by another examiner – not the same person who reviewed your claim the first time around.
Waiting for the Results
According to SSDI attorneys, filers are notified of their claim results about two months after filing a Reconsideration Request. At this point in the appeals process, about 10% of the applicants are successful.
Making a Second Appeal
If you are denied disability during the first appeal, you can make a second appeal. At this juncture, attorneys at such firms as Duncan Disability Law S.C. request a hearing for their clients before an administrative law judge, or ALJ for short. A “Request for Hearing by ALJ” is filed with the Social Security Administration (SSA). Once the document is received by the agency, the claimant waits to hear when his or her hearing will be scheduled. The usual wait time is usually just under a year.
SSDI attorneys state that clients have the best opportunity of making their case for disability benefits at a hearing. In fact, just over 60% of the claims filed in South Carolina are approved at ALJ hearings. If the client receives a denial at this stage, he or she can request that the Appeals Council for the Social Security Administration review the claim. If the claim is denied once more, the last step is to file a lawsuit in a South Carolina federal district court. You can also connect them on Facebook.
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