70-75% of first-time social security disability claims are denied. This statistic may seem staggering and worrying. However, it is important to understand the reasons that claims are denied, and what may be happening that caused an unfavorable determination on your SSD application.
In many cases, a denial of benefits occurs when a claim does not include medical documentation that is necessary to prove a disability to the Social Security Administration. This often means that even if you have been denied benefits initially it is likely that you have a claim that should be pursued and that may be eligible for SSD.
If you have made a claim for social security disability insurance or any other social security disability benefits and have been denied, it may be a good time for you to contact an SSD lawyer.
What Can I Do If I Am Denied Social Security Benefits?
When denied social security disability benefits, you may either choose to start over and re-file, or pursue an appeal. Deciding which option is best for you is not always easy, and the best course of action is usually dependent on a number of factors that are specific to your unique circumstances.
An important thing to consider when deciding to refile or appeal your SSD application is whether or not you have an updated theory of liability. This phrase refers to the idea that something has happened to you in relation to your disability that you believe would improve the chances of your claim being accepted. This would be applicable if your medical condition has worsened for any number of reasons.
You have a period of 60 days from the date on which you received an unfavorable determination letter to file an appeal, so you must decide within that timeframe how you will choose to move forward.
In some cases, it may be a better decision to make an appeal on your claim than to restart and refile. This is because an appeal will protect your initial filing date, while refiling moves your filing date up to whenever you send in the new application. This is important to know because your filing date is what is used to determine the amount of backpay you may receive if your claim is approved in the future.
Speaking with an attorney is a great way to gain insight into your legal situation and find counsel as to what might be the best course of action. If you have recently been denied SSD benefits, don’t hesitate to contact CJ Henry Law, PLLC for a consultation today.
What Can an SSD Lawyer Do For Me?
Given that 70-75% of disability claims are denied at their first filing, you may be considering the ways in which an attorney who specializes in Social Security disability law would be an asset in your pursuit of the benefits you need and deserve.
Consider the long process by which you have already gone through in order to amass your medical documentation and complete all the necessary forms in order to file your first claim. Every day that passes is a day that you must wait for benefits. Contacting an attorney before filing is a proactive measure that will ensure all of your ducks are in a row. This will create an environment for you to pursue your claim in the most expedient manner. In addition, you will have gained an advocate who is intimately familiar with the details of your unique case and who is keenly aware of the processes and potential for your future.
A disability lawyer can aid you throughout the entire process of your claim, from your initial filing to any appeals process, and more. SSD attorneys have an intimate knowledge of social security disability requirements and are focused on providing you with legal advocacy to meet the needs of your particular situation. Moreover, an accomplished disability lawyer will have a scope of medical knowledge that is so necessary when arguing cases on the basis of medical history.