Denied Social Security Disability? Don’t File A New Application – Appeal Instead

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Being denied Social Security Disability Income benefits is disappointing to anyone. However, it is very common for most claims to be denied. While it is highly recommended for people to appeal a decision if they feel it is wrong, some individuals decide to file a new application altogether. This is actually a huge mistake.

In fact individuals who file a new application hurt their chances of winning benefits. Even if the application is new, it will just be denied time and time again. By doing this, they will also give up chances of ever filing for appeal if they decide to take that option. It is much easier for one to simply begin the appeals process instead. While one might have to go through several parts of the appeal process, if the case goes to a hearing then the individual has at least at 60 percent chance of winning if they are represented.

When filing an appeal, it is a good idea to have a representative such as an attorney or an advocate who is well-versed in working with Social Security cases. Their guidance can only help your case.

The Appeals Process For Social Security Disability

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If you have recently been denied for Social Security Disability, then there is no better time than right now to begin the appeals process.

Once you receive your notice in the mail that you have been denied for benefits, you have to make a request for an appeal in writing before the end of 60 days from the day you received the letter. If your claim for Social Security disability was denied because of medical reasons, you can request an appeal at the Social Security Administration’s website at www.socialsecurity.gov.

During the appeals process, you may go through several areas of appeal. The first is reconsideration, when your claim is completely reviewed. You do not need to be present for this process. If you disagree with the reconsideration decision, you can request a hearing by an administrative law judge. This is when you may be asked to gather more information for your case. It is usually best to have someone such as a lawyer or an advocate represent you at a hearing since they have experience working with Social Security claims.

If you disagree with the decision made during your hearing, the next step is a review by the Appeals Council. The council will examine the request to determine if the decision made at the hearing was right. The council will either decide your case or send it back to the administrative law judge. If you then do not agree with the council’s decision, you can file a lawsuit in federal court. Or work with an advocate who can assist you.