Being denied Social Security disability benefits is not something that happens infrequently, as a matter of fact if your initial application is approved you are very much in the minority. Denial is not the end of the line, everyone who is in the position has the right to disagree with the findings of the administration and appeal the decision. There are a number of stages involved in the appeals process and the applicant can be approved for benefits at any stage. The first step in the appeals process is to request that the initial decision be reconsidered. Should this fail, and it usually does, the next stage is a hearing in the presence of an administrative law judge and finally a review by the appeal council. There is no rules that says an applicant must be represented by a disability attorney in El Monte but the chances of success with an attorney are far better than going it alone.
There are only two outcomes when a disabled individual applies for Social Security benefits; approval or denial. If the application is denied the applicant will be told the reason or reasons why and will be introduced to the appeals process. An applicant who is denied and disagrees with the decision and supporting rational has the right to request that the application be reconsidered; there is a 60 day window in which to make this request.
When the first stage is undertaken, asking for reconsideration the applicant must return the information asked for by the SSA promptly. The applicant must explain why he or she is deserving of benefits and why the decision to deny the application should be reversed. The supporting information includes any recent assessments by the applicants attending physician or the results of recent medical examinations. In many cases a doctor’s opinion is helpful.
If the initial decision is not overturned the appeals process moves to a hearing in the office of an administrative judge. As there may be some difficulty the hearing is normally held in a venue which is reasonably close to the claimant’s place of residence. Social Security strongly advise the claimant to make a personal decision although often a video conference suffices. Once both sides have been heard the administrative judge will render a decision.
There is always the chance that the appeal will fail at the hearing stage as well, in this case the disability attorney in El Monte will elevate the issue to the appeals council. It is not mandatory that the appeals council hear the case; it depends wholly on the information that was used to support the application and previous appeals. Although it rarely reaches this point, the applicant can sue in Federal Court.
If you have had your application for Social Security benefits denied then you have the right to appeal the decision. As the appeal process is quite complicated you will be wise to have a disability attorney in El Monte to advocate on your behalf. You are invited to contact the Law Offices of Norman J. Homen.
