What If Your Claim For Social Security Disability Benefits Is Denied?
Week in and week out your paycheck has taxes taken out, a portion of the taxes that you pay go toward paying for Social Security benefits. One of the benefits that people look forward to is their retirement benefit; one that many never have to even consider is disability benefits. If, for some reason you should suffer a physical or mental disability which is expected to last more than a year or result in your death then you can claim for monthly Social Security disability payments.
Millions of tax payers apply every year for disability, assuming that the taxes they have paid will ensure that they are granted approval and their benefits will commence shortly. Unfortunately this is far from the truth, just because you paid into Social Security does not mean you get automatic benefits.
A full 70 percent of applicants are disappointed when their initial application is denied. What happens next? In the greatest majority of cases the applicant turns to a Social Security attorney in Evanston for help. You may not know where to turn next but a seasoned attorney most certainly does.
Appeal the denial:
Of the 70 percent that are denied benefits, a number of them give up. Others will simply start over from scratch and apply again; neither of these approaches is wise.
If your application is denied simply giving up is never a good idea. Although your application is not one of the 30 percent that gets immediate approval, there is no reason to think that it will not be one of the more than 50 percent that are approved after first being refused.
Reapplying is also not a wise move. There is little doubt that the appeals process takes considerably longer than the initial application, if you simply reapply there is a good chance that this second application will be denied as well. As the back pay that is awarded the successful applicant starts from the date of the initial application, making subsequent applications only reduces the potential award.
Hire an attorney:
Many applicants who are denied benefits are of the opinion that a Social Security attorney in Evanston is beyond their financial capability. This is not the case, hiring a skilled attorney will not cost you anything up front, a Social Security attorney works on contingency and is paid based on the back pay that you are awarded. Your attorney will be paid either 25 percent of the back pay or $6,000, whichever is the least. You can quickly see how making multiple applications are not in your favor, it only shortens the period that goes to make up your back pay.