What If Your Application For SSDI Is Denied?

by | Jan 7, 2016 | Law

Don’t be disheartened if your application for disability benefits is denied, you will be in good company. The sad fact is that 70 to 75 percent of all applications are denied benefits the first go-around. The fact that your application is denied really doesn’t mean much as you have the automatic right of appeal. When you hire a Social Security lawyer in Oak Ridge to help you with your appeal the chances of subsequent approval are considerably greater.

Many applicants will make the initial applicant unaided by a lawyer, many of which are denied. When denial occurs, it is definitely the time to hire a seasoned Social Security lawyer. The SSA (Social Security Administration), allows 60 days for an appeal to be lodged. If an appeal is not made in this time frame your case will be considered closed and if you wish to once again pursue a claim, you will have to start at the beginning. This may not seem like a big deal however, once you finally do get approval you will then realize that your benefits are backdated to the date of your initial application. When you start the process a second time you are wasting time and potentially a considerable amount in lost benefits.

The administrative hearing:

Although there may be a wait of several months, you and your lawyer will eventually be summoned to provide evidence substantiating your claim. The administrative law judge will review the supporting date and make a ruling. During the hearing you are free to invite witnesses that can attest to your disability and the extent of it. These hearings are quite informal although it is a legal process, the hearing is heard one-on-one with the judge, your lawyer and any witnesses. The entire proceeding is recorded in the event your appeal fails and you wish to take the next step in the process which is elevating your case to the Appeals Council.

Appeals Council:

In a good two thirds of the cases your application will be approved at the administrative hearing stage. However, if it is not the next step is to bring it to the Appeals Council. The council does not entertain any new evidence; their task is to ensure there were no administrative errors and to do this they are limited to the evidence previously submitted.

If this appeal fails and you believe you genuinely deserve to be awarded benefits you can take the case to the Federal District Court for adjudication.

Applying for disability benefits is hard enough, it is even more difficult when the application is denied and you are faced with the appeals process. It is at this time you should engage a Social Security lawyer in Oak Ridge; for a free case evaluation contact the Law offices of Miller & Drozdowski.

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