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How to handle a Social Security disability claim appeal

How to handle a Social Security disability claim appeal

| Dec 16, 2015 | Social Security Disability |

As Newark residents may be aware, the Social Security Administration, or SSA, has recently been under fire by congress due to budgeting issues. The administration must look at each individual case and make certain that the application and associated injury, illness or medical condition qualifies the applicant for either Social Security Disability Insurance or Supplemental Security Income.

The Social Security Administration rejects over half of the applications it receives. This could be due to a number of reasons. For example if the applicant’s income in excess of $940 per month or if the applicant’s disability is not expected to last at least a year, then their application may be rejected. If the applicant does not follow treatments from their doctor, with exceptions for the inability to pay for the treatments, religious beliefs, an ineffective treatment or a mental illness that limits one’s ability to adhere to the prescribed treatments, this may also be a reason why the SSA will reject their application. Moreover, an application may be rejected if there is improper paperwork or if the SSA cannot locate the applicant.

This does not necessarily mean that the applicant is out of luck. There is an appeals process. You must first submit a request for reconsideration within 60 days of the date of the rejection. This generally does not work, however, as if you’ve been rejected once, you will likely get rejected again. The next stage is to request a hearing with an Administrative Law Judge. If that fails, you may then request a hearing with the Appeals Council. If that fails as well, your final option is to file a case with your local United States District Court.

The appeals process can be intimidating and difficult to traverse alone. You may benefit by reaching out to a local firm familiar with Social Security disability benefits to see whether they can help you navigate the appeals process.

Source: FindLaw “If You’ve Been Denied Social Security Disability Benefits,” Accessed Dec. 15, 2015