What to Do if You Are Turned Down for Social Security Disability
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If you are turned down for Social Security Disability, there are several things that you need to do.
If you are turned down for Social Security Disability, there are several things that you need to do.
First, and foremost, don’t panic. Unfortunately, over half of all initial Social Security disability claims are denied. Don’t let a denial stop you from claiming the benefits which you are due.
Once you receive a letter stating that your initial claim was denied, you need to contact your local Social Security Administration (SSA) office and ask for a meeting to evaluate you file and get an explanation for your denial. Once you do this you may file an appeal, or Reconsideration. You have only 60 days to draft a written appeal to Social Security.
After you file your Reconsideration claim, you should call and write your federal Congressperson and Senators. Senate members more often than not have a person on staff whose job it is to help their constituents (you) with your Social Security Disability issues.
At the Social Security Administration, there is a special code, called code C which is attached to your case if your Congressperson or Senator inquires about it. And, if your Senator or Congressperson is really assertive regarding your claim, the SSA uses the code CH, meaning that your claim is “critical”. (Find your elected Congressperson at www.house.gov/house/Memberwww.shtml and your federal Senators at www.senate.gov/general/contact_information/senators_cfm.cfm.)
However, what usually happens is that the Reconsideration is basically only a reaffirming of the initial denial of your claim. Therefore, be prepared to attend a hearing before an Administrative Law Judge. For this hearing, you may want to obtain some additional help for your case. You may hire an attorney, ask a Social Security representative to assist you, or find an outside association that is willing to help you. For your assistance there are typically nonprofit agencies or state and local organizations which are available, such as AARP.
The hearing is frequently located close to where you live, as dictated by the Administrative Law Judge who will tell you where and when to appear. You and any representation you have secured will need to appear in person to explain your claim. Anything in your Social Security file is admissible, as well as any new information which has come to light since your initial claim was filed. The Administrative Law Judge will ask you questions. You may answer them yourself and/or you may have witnesses testify on your behalf. Anyone that the SSA calls must also answer your questions. After the hearing, the SSA will again send you a letter letting you know the Administrative Law Judge’s decision.
If your claim is again denied, you may request a Review. You apply for this Review with the SSA’s Appeals Council. This council studies your request and makes a decision whether to hear your case. If the Council agrees to hear your case, it can choose to decide your case or send it to a different Administrative Law Judge. Now you await a decision again.
If you claim is still denied after this (or if the Appeals Council declined to Review it) you may sue the SSA in federal court.
The entire process is indeed daunting, and you have a much superior chance of acquiring the benefits you deserve much sooner if you hire an attorney to help you.
In Ohio, call or email <a href=http://www.rwklaw.com/>Robert W. Kerpsack Co., L.P.A.</a>, to schedule your free personal consultation.
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