Appeal Under Review Medical Decision Has Been Made Before Hearing
If yous apply for Social Security Inability and your claim is denied, yous should not give up hope of receiving the Social Security Disability benefits that y'all are rightfully entitled to. You lot accept the option of going on to file an entreatment of the decision. The first stride of this appeal process is a asking for reconsideration.
Many people make the fault of assuming that it is better to file a new Social Security Disability application than it is to become on and file a request for reconsideration on an existing claim. This is non the example. If y'all but begin the application process for Social Security Disability benefits from the beginning, your claim is probable to be denied over again no thing how many times you decide to reapply.
What To Do If Your Claim Is Denied
If your application is denied and you wish to receive Social Security Inability benefits, your best take a chance for success is to file for reconsideration with the Social Security Administration (SSA).
About inability claims are denied during the initial review. About reports indicate that about 3-fourths of claimants receive notification of a claim being denied when it is reviewed for the first time.
Documentation is a necessity, so you lot must provide hard medical prove that shows the severity of your condition and that supports your inability claim. Without detailed medical records and other documentation, Inability Determination Services (DDS) cannot determine the severity of your condition and whether you run into the specific criteria for approval.
You will need to brand sure that DDS has access to all your medical records and whatsoever other supporting documentation. The more supporting bear witness yous can provide, the more likely that they are to see the severity of your condition and determine that your description is accurate and that you are unable to work for a living.
The more evidence that y'all can provide initially, the more than likely yous volition exist able to prove your merits earlier on in the process. You lot tin retain the assist of a disability lawyer at any time during the claims process. A lawyer volition help you throughout the procedure and will aid gather supporting prove and documentation for your example and to prove that you are unable to work.
Filing for Afterthought
Afterthought is the 2nd step in the Social Security Disability application process and is the first stride in the appeal process. If your initial awarding is denied, you must file for afterthought within 60 days of receiving the notice of conclusion from the Social Security function. If you lot do non submit your request for reconsideration inside that 60-day time period, you will demand to begin the awarding process all over again.
Social Security Disability: The Reconsideration Stage
When you lot file a request for reconsideration with the SSA, your application will exist sent dorsum to the Social Security office for review. The same office that handled your initial application will likewise be handling your request for reconsideration, but it will not exist the same examiner reviewing your case at this stage of the procedure.
Information technology is important to understand that the person who reviews your Social Security Disability afterthought appeal is jump by the same rules equally the person who reviewed your initial merits for Social Security Inability benefits. Because of this, many applications are denied at the afterthought level. The exception to this dominion is when vital information is left out of the initial application. Overall, approximately 86 percentage of Social Security Inability claims are denied at the reconsideration level. Before applying for SSDI reconsideration, be sure to prepare as much as possible to raise your chances of winning.
How to Handle the Social Security Disability Reconsideration Process
During the reconsideration process you will want to provide the SSA with updated information regarding visits to your doctor, whatsoever new treatments that you accept undergone and any piece of work activity y'all have performed, if applicative. It is very important that y'all share all of this information with the SSA since the outcome of your reconsideration appeal may depend on this information.
You should also review your initial Social Security Disability application when filing a request for afterthought. Look through your awarding and the records that you provided during the initial stage. Oftentimes applicants volition notice that important information was inadvertently left out of their initial claim. Submitting these details now can mean the departure betwixt a successful reconsideration appeal and the need for further appeal proceedings. Review the Blue Book to make sure are non missing any key evidence.
Be sure to submit your reconsideration request as quickly as possible. While you technically have 60 days to submit your request for afterthought, it is important to remember that the longer you wait to file your reconsideration request the longer it will accept to receive a determination regarding your appeal for reconsideration.
Yous may wish to consult with a Social Security Disability attorney to assist you in your reconsideration entreatment. While you lot are not required to have an attorney during this procedure, your chances of a successful appeal can be increased significantly by retaining an attorney to represent your interests in this affair.
Why Should You lot File A Request For Reconsideration?
If your claim has been denied, you will want to file a asking for afterthought. If you don't file a request, and you refile a merits, it will touch your backpay. If you lot file a request for afterthought and it continues through the process, and so you will receive backpay that dates to your initial claim.
You can also recover backpay for upwardly to 12 months preceding the filing of your claim, minus the 5 months for the waiting period.
When you lot submit your request for reconsideration, you will desire to provide more thorough documentation and supporting prove for your claim. Near claims are again denied during the asking for reconsideration.
However, afterwards this denial you will be able to file a asking for a hearing earlier an administrative police gauge. When you exercise that, your likelihood of having your claim approved will increase greatly. To have your claimed approved at the afterthought level, or to get it canonical later at a hearing, you lot must commencement understand why your claim was denied.
When you lot file a request for afterthought, inquire yourself a few questions well-nigh why your merits was denied. Call up well-nigh if you see the specified criteria for a list in the Blue Book that applies to your specific condition.
Are yous still working? If yous are making more than what is considered to substantial gainful activity (SGA) limit, then your claim will exist denied considering you are working plenty to earn a living. To exist approved, you must show that you accept a disability that will last at least 12 months or end in your expiry.
You should besides consider if you are still able to do the same kind of work. That ways yous aren't considered disabled per the SSA guidelines. To have a successful claim, you must prove that you cannot work and earn a living.
They will check to see what kind of work – if whatever – y'all can exercise. If there is evidence that makes it obvious that y'all can practice similar work like you accept washed in the past, your claim will exist denied.
The Social Security Disability Reconsideration Time Frame
One time the SSA has made a decision regarding your reconsideration appeal, they will send yous a letter in writing notifying you of the conclusion that has been fabricated. The letter will explain whether or not your appeal was successful likewise as details regarding how the SSA came to the determination regarding your disability claim. On average, it will accept between three to five months to consummate the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how yous can go your reconsideration request approved.
If your afterthought asking is denied, you lot may go on to appeal the determination further. The next stride of the appeals process is to take your case before an administrative police force judge at an appeal hearing. If y'all have not yet hired a Social Security Disability attorney and your claim is denied at the reconsideration level, you should consider retaining an attorney to correspond you during the hearing process. Your chances of successfully appealing your disability claim are greatly increased with proper representation at your hearing.
Tips To Increment Your Chances Of Merits Approval During Your Appeal
If you take had your claim denied and you filed the asking for reconsideration, yous will want to do everything that you lot can to meliorate your chances of having your merits approved on this stage.
There are several tips to aid y'all go your claim canonical when information technology is reconsidered. Outset, yous should advisedly review your claim to brand certain the form is filled out properly and in particular. You should make sure you provide all the supporting medical bear witness.
- Fill Out All Forms: You will need to have a class completed that includes a complete list of your medical providers along with their contact data, such equally their addresses and phone numbers.
- Submit New Medical Records: If possible, gather up all the medical records yourself then y'all tin can brand sure that Inability Determination Services (DDS) has access to everything that they tin can so they tin accurately and thoroughly review your merits and make up one's mind if you are eligible for disability benefits.
- Get A Dr.'s Support: There are many conditions that qualify for disability benefits. Ask whatever medical professional you see to write a alphabetic character explaining why they believe you qualify for inability benefits. This letter should explain the disabling condition you are experiencing and why it keeps you from working.
- Get an RFC Filled Out: Request to have a Residuum Functional Capacity (RFC) course completed on your behalf. This form will be filled out by a dr., going into the details of your status and how if impacts your ability to work.
- File Your Appeal Quickly: File your entreatment as soon as you can. The SSA does have a time limit for filing your appeal. If yous wait too long and file after the time limit, your appeal volition automatically be denied and you lot will need to start the process all over over again.
- Piece of work With a Lawyer: Studies have determined that claimants who are represented by a disability attorney may a greater hazard of having their merits approved. You may be three times more likely to have a successful disability merits if you are represented by an attorney.
How to Win an SSI Appeal
If your SSI benefit awarding has been denied in society to win an SSI appeal, you lot will demand to write an appeals alphabetic character later you have received the denial letter requesting a reconsideration of the decision. The SSA normally denies an SSI merits due to either medical or non-medical reasons. The determination letter volition ordinarily explain this in an easy-to-empathise way.
In the appeals alphabetic character you can restate your position and the reason why yous are unable to work and won't expect to render to piece of work for at least 12 months. You should obtain more supportive documents from your physician, which weren't used in your initial awarding. In order to brand your example more than convincing, you should adhere the following evidence to support your claim:
- medical records revealing that your medical condition is more serious than the SSA seems to believe;
- the about recent medical records provided by your doctor indicating that your condition has got worse;
- a written argument from the dr. treating you which provides details your inability and your exact limitations;
- new medical test results showing the extent of your status.
To assistance confirm your medical status y'all can get messages provided by your physicians who land that yous are unable to work notarized. Your instance is referred to the same Social Security Assistants (SSA) part but a dissimilar examiner will be handling it. You only accept 60 days from the engagement y'all received the denial letter to write the appeals letter requesting reconsideration.
Getting Assist With Your Claim
When you hire a disability lawyer, you volition not have to pay annihilation out of pocket. Instead, an attorney volition handle a merits on a contingency ground. That ways that your lawyer volition not be paid until you win your claim and receive your dorsum pay.
If y'all exercise not get your disability merits approved, then the chaser volition non recover bounty. So, y'all don't have to worry about paying the legal fees out of pocket. In most cases, inability attorneys receive 25 percent of your backpay up to a maximum of $6,000.
There are limits as to how much a lawyer can recover, and any adjustments to those figures must be approved by a guess and with good reason.
Your lawyer volition get over the fee schedule with you when y'all retain their services. To share the details of your case with a constabulary firm who handles inability cases in your area, complete the Free Case Evaluation Grade on this page.
You can retain an attorney before you file your claim or at whatever time during the claims process. If you are pursuing disability benefits from Social Security, you can benefit from talking with a disability chaser. These lawyers sympathise the technical wording of the Bluish Volume and sympathise what criteria are necessary for your claim to exist approved and if y'all have the necessary evidence to be awarded disability benefits.
Boosted Resource
- Request for Afterthought
- How Does my Work History Affect My Disability Awarding?
Source: https://www.disabilitybenefitscenter.org/social-security-disability-application-process/reconsideration
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