If you submitted a claim for social security disability income (SSDI) benefits yourself and had the application denied, it's time to get some help. An attorney who specializes in long term disability claims, like Scott E. Shaffman Attorney At Law or others, can take you through the appeals process to get a second chance. Your lawyer understands all of the reasons why a claim may be rejected. They will work with you to create a more compelling case as to why you should receive disability benefits. They also know how to navigate successfully through all of the steps of the complicated appeals process.
The First Phase of the Appeals Process
When your lawyer files for an appeal, your case is given to an Administrative Law Judge for review. They will look at all of your information and the reasons why the Social Security Administration review board rejected your claim. Your lawyer will submit additional information to clarify your application to make it clear why you are requesting benefits. Some of this supplemental information will include:
- Personal statements from health care providers that worked with you as to why your particular condition warrants you being on disability.
- Documentation that details how your condition prevents you from working.
Your lawyer also submits a decision that they recommend the Administrative Law Judge consider in your case.
Correcting Initial Application Mistakes
Your attorney also knows the common mistakes made on an SSDI claim. They will correct those and include additional information supporting your claim. One key mistake is not meeting the definition of being disabled, which includes:
- Not being able to do the work that you previous performed.
- Not being able to adapt to new work because of the medical condition.
- Not being able to work for one year or more.
Your attorney will make sure that the right documentation is included in your appeal that supports your claim of being disabled.
Submitting the Appeal
Your lawyer will present the new information to the Attorney Adjudicator assigned to your case. This person reviews all of the material to decide whether it should go to the Administrative Law Judge for review. This is your last chance to get your case in front of a judge. Your lawyer knows how the information needs to be presented to the Attorney Adjudicator to get you a review.
If your application for benefits does not get past the Attorney Adjudicator, you'll have to move to the final option, which is a hearing to get your case reviewed by a judge. This is an even more complicated process than the initial appeals process. This is a good reason to involve an attorney who specializes in disability law so you don't have to face the prospect of a hearing.
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