What You Can Do If You Are Denied Social Security Disability Benefits

by | Feb 19, 2015 | Law

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On the surface it looks reasonably simple and straight forward to apply for Social Security disability benefits. Although the actual application is not difficult the truth is that almost three quarters of initial applications are denied. This is when many applicants will turn to a disability lawyer in Southern California. Initial denial of benefits is far from the end of the story, you can appeal the decision of the Social Security administration, you can appeal not only once, you can appeal three times; the first appeal is reconsideration, the second is a hearing and the third is an Appeals Council review. At any one of these appeal stages you may be approved but if you fail to get approval after going through all the appeals within the system, you can continue to appeal in Federal Court.

You need expert advice:

As the application appears reasonably straight forward many applicants for Social Security disability do not use a lawyer at this stage. If your application is denied then you are advised to hire a disability lawyer in Southern California, this legal professional can help you prepare for an effective appeal.

Reasons for denial:

Even though you are of the opinion that you are disabled in accordance with the rules set forth by the SSA, there are many reasons why your application can be denied. It may be as simple as you neglecting to include with your application some aspect of your medical history or perhaps your doctor did not report your condition in accordance with the rules. These are but two examples of how strict the administration is; it is also reason for you to engage a disability lawyer review your initial claim and point out areas where additional information is required from either you or your physician.

Termination of benefits:

If you are receiving benefits and you notified that the benefits are being discontinued as the SSA feel you are no longer medically disabled you can continue receiving benefits during the appeal process. To get continued payments you have a limited time, ten days, in which you must lodge an appeal and request payment continuation. Your disability lawyer in Southern California should be part of that decision as if the decision to close your claim is upheld by the administration you may be liable to repay the benefits you received while the appeal was under consideration.