Appeal

Disablity Appeal

Written by John Barry

It is up to you to complete this initial application personally or can also get it done over the phone or through email. There should not be any excuse to let your savings dwindle due tot eh ease of this initial step as you are also homebound with potentially fetal or harmful conditions. However the process might also take a lot of time which means you must start as early as possible. The disability determination services would also first determine whether you have been approved to avail disability benefits or not. This determination is made depending on the informant received from your consultative and physical exams. Approximately 35 percent of people are often approved for social security disability appeal benefits at this point of process. This generally requires around three to six months from the time the first applicator was submitted and goes on until the finial decision is announced. In case your first application is declared untrue you can surely make a disability appeal to request reconsideration. You must know that nearly 13 percent of the cases which are reconsidered get an approval. It is important you ensure that you file a request for reconsideration within 60 days after your first application was denied. Your disability appeal would be reviewed again at the social security administration by a different attorney. It generally takes around three to five months to hear back at social security administration after you have filed an appeal request. Moreover when your first appeal is denied you can also make a second disability appeal and also request a hearing. In such situations, nearly 37 percent of the cases are approved which are presented at a hearing. Make sure this request is made before 60 days after receiving a denial for your first appeal. When you do this, your case would be heard by the administrative law judge who would again review the case, listen to the witness testimony and listen to your testimony. When the hearing process is over, the administrative law judge would independently make the final decision on your case and also provide you a written copy of the final decision. You should be patient when you wait for your case hearing as it can normally take nearly one or two years after you have submitted the request for hearing. In case your case has been denied by the administrative law judge then you have the option to file a third disability appeal and request that that the case be heard at the Appeals Council. Nearly 3 percent of the cases which arrive at the appeals court are approved. So, during the hearing the council would review your disability hearing. Moreover they would also find out whether the administrative law judge had made an appropriate decision and also made a ruling which follows the law. It would generally take nearly 8 months after you have submitted your request for your case to be reviewed at the Appeals Council. After you have filed the social security disability claim or appeal make sure you are extremely thorough. You should remember that even though you have done everything possible in completing the necessary paperwork there is still 90 percent chance that the disability claim would be denied. This probably not the end as you should know that most disability claims are often awarded when the applicant files a disability appeal again. A social security disability appeal generally comes in to different forms which are reconsideration and disability hearing. So, filing a request for reconsideration might often seem confusing and redundant, but reconsideration should always be treated very important for your disability problems. Make sure you consult a disability attorney at this stage when you make an appeal. Similarly when you file a hearing request make sure you have an experienced attorney to assist you in the process. The statistics show that the claims which hare represented by an experienced attorney have higher chances of wining case that ones which are personally represented. In case you are just preparing for the reconsideration of your previous application then make sure you have all the necessary medical records and all other documents which can indicate your disability status . Moreover you can even get an up to date narrative statement from the physician treating you and this updated statement from your doctor is often a strong document. When preparing for appeal hearing then you should seriously consider discussing the case with a professional attorney. They can help you pinpoint all the weak areas in the case and also help in anticipating the questions that would be asked during the hearing process. The entire process might seem quite long but the key is to follow the process step by step and legally.

 

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