Disability Denial

Disability Denials of the initial application for Social Security benefits are common.  Social Security Disability is an insurance program that everyone participates in through his or her payroll taxes.  Social Security Disability is meant to protect the worker and his or her family if because of medical condition or injury the worker cannot work.  This does not mean that it is easy to qualify for benefits under the program.  .

Levels of Appeals

There are four levels of appeals in Social Security Cases.  They are:

• Reconsideration – this made by someone who did not review your claim the first time.  It is usually a paper review of the disability denial.  You can submit new information.
• Hearing by an administrative law judge (ALJ) – the AL J is someone who did not review your disability denial at any previous level.  You are entitled to present witnesses, give testimony, or question any witness that maybe asked to attend by the ALJ.  You may be asked to clarify any information that is in your file.  You also have the opportunity to review you file at this stage.
• Review by the Appeals Council – the appeals council can deny a request for review of a disability denial if they feel the decision by the ALJ was correct.  If they deny your request for a review, you can appeal to the federal court.  If the Appeals Council decides to review your disability denial, they can decide your case themselves or return it to the ALJ for further action.  
• Federal Court review – is a review by the federal court of your disability denial with all the requisite rules and procedures involved in any federal court case.

Do you need a Lawyer?

The best method of dealing with a disability denial is retaining legal counsel experienced with Social Security law.  Requirements for disability under Social Security are more stringent than Workmen’s Compensation and other forms of disability.  A good Social security lawyer will:

• Know the special requirements for disabilities relating to medical condition
• Understand the non-medical requirements for Social Security Disability
• Present meaningful testimoThe best method of dealing with a disability denial is retaining legal counsel experienced with Social Security law.  Requirements for disability under Social Security are more stringent than Workmen’s Compensation and other forms of disability. ny of witnesses and medical personnel
• Handle testimony and reports from Social Security hired doctors and vocational experts
• Social Security will withhold a twenty-five percent of pass due benefits to pay attorneys fees making it easier to get legal representation.

Disability Denials are common in Social Security disability cases.  There are four levels of appeal once the initial disability denial is received; reconsideration, hearing, appeals counsel, and federal court review.  The best method of handling a disability denial is to retain an experienced social security lawyer.