What Do I Do If My Social Security Claim is Denied?
Legally Reviewed and Edited by: Terry Cochran
Every year 70% of the Social Security claims are rejected the first time they are submitted. There are several reasons this occurs, and in most cases, an appeal is a proper response to a denial. In fact, over 50% of those cases appealed to receive benefits. A Social Security Benefits Lawyer at Cochran, Kroll & Associates, P.C. can review your application to ensure that the appeal is done correctly.
When an individual first receives the denial, sometimes they give up hope and do not follow through on the appeal process. Also, out of frustration, they might file a new application hoping to get a different evaluator, but this approach usually ends in another denial, and the need to finally file an appeal. The appeal should be filed as soon as possible after the receipt of the denial because you want to establish a sense of urgency with the evaluator and get a place in line for the review process since there are so many denials.
What is the Review Process?
The first step in the appeal process is to file a Request for Reconsideration. Some people resubmit their original application for review hoping a different evaluator will be more lenient, but this is not always the best thing to do. At this phase, it is a better idea to obtain the services of a Social Security Disability Lawyer at our law firm who will analyze your application and make some recommendations.
Most applications denied the first time probably lack sufficient medical information or expert medical opinions. It is crucial to make sure that all the medical documentation is accurate and reaches back to the origination of the disability. It is also necessary to organize the material in such a way that the focus is on the claim that you are making and that the argument for benefits is the result of the presentation of facts and history.
When appealing, do not assume that the Social Security Administration will use their resources to clarify your medical condition even though they ask you to take a physical exam. It is your responsibility to contact your regular physician and obtain records of when the disability began to appear and to also bring in any witnesses or other expert opinions as to your condition. You should also delve into your work records to accurately report lost hours from work and instances of absences from work due to the disability.
In relation to your medical history, you must also be able to prove that you have followed all the recommendations of your physician and that you have completed all treatments, including prescribed medication. Failure to show a positive treatment record can lead to another denial. Make sure that when you appeal you have the documentation on treatment to support your claim.
Lastly, evaluate your income. If you have applied for regular Social Security benefits, there is no concern about the amount of money you are making. However, if you are applying for Social Security Disability you can earn only $880 per month, and if you earn more you will be denied. Check to see that the information concerning income is correct in the appeal.
The best action to take if your Social Security claim for benefits is denied is to appeal as soon as possible. Although this process is not complicated you need to be sure that you have all the correct and up to date information and that it is organized to focus on the acceptance of your claim. The attorneys at the Law Offices of Cochran, Kroll & Associates, P.C. have had a great deal of experience and success in filing appeals for benefits. Contact us at Cochranlaw.com or call us at 866-MICH-LAW for a free consultation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.