Denied my disability, how can they do that? Often the first words I hear are the title of this article, I can’t believe they denied my disability. Unfortunately that is most common in the area of law I practice, Social Security Disability. Some people are under the impression that one need only apply, and that will result in receiving benefits, most of the time that is simply not true. The truth is more than not, you will saying they denied my disability, I cant believe it. We see this everyday at our office, please give me a call, after you have said to yourself they denied my disability, make me your next move.
Today Social Security has developed many ways to apply for disability, you can use the internet, the phone or mail. I encourage clients who come to see me before they apply, to use the internet. If you use the internet you will not have to wait on a phone, and you can apply seven days a week, and at anytime of the day. However, as stated above, you will probably receive the standard denial letter after your application for disability benefits has been fully completed.
Once you are denied disability, the clock is ticking, you are under a deadline to get your information returned to Social Security Disability or you risk your case being denied based on a failure to meet the deadlines, this step of the appeal process is known as reconsideration. If you fail to make their deadlines, usually you must refile all over again from the beginning with Social Security.
Once your first appeal is in, usually you will be denied for a second time, once you are denied the second time you must again meet deadlines or your disability claim will be denied, and you will have to start all over from the beginning. This next step in your appeal process is called asking for an ALJ hearing. There are many forms and documents that must be filled out and returned to Social Security, it may seem like many of the documents have already been filled out when you applied, but you must fill them out again if you wish to properly proceed with your appeal and be heard by the ALJ.
If there is situation where you have missed your disability deadline by a short time, I have been successful in re-opening cases for clients, and thus they do not have to start all over. Social Security Disability is very particular about making deadlines in regards to your disability claim.
After filing for your ALJ hearing at Social Security they will inform you of the new dates, the required paperwork, when your hearing will be, who your vocational expert will be, and when you must provide Social Security Disability with all your updated medical records, without your updated records it may be impossible to prove your claim. I always like to include when possible, a medical source statement filled out by a medical doctor.
Social Security Disability is a daunting task, the above explanation of the claims process is only a glimpse of the work that goes into a client’s case. Should you need an attorney to represent you in your claim, whether you are about to file, or you are about to have a hearing, please give me a call, I would enjoy speaking with you.
Daniel L. McMurtry, Esq.