People apply for Social Security disability benefits and are denied them every day in this country, and if this has happened to you, it is important that you not give up. The first thing you need to understand is that you have a right to appeal. You have only 60 days to file an appeal, but before you do this, you should seek the advice of an attorney.
A Social Security Disability Lawyer that has a lot of experience in this area will have a track record of having successful appeals. If your application has been denied, it may be something as simple as the way you applied the first time. Often the form is filled out improperly or needed information was not documented properly. Without knowing the process of the appeal, you will most likely repeat the same mistakes you made the first time you applied. The biggest mistake people make after being denied is to apply a second time. This is a waste of time. Whatever the reason was for the first denial will be the same reason the new application is denied. An attorney with a lot of experience in appeals can often pinpoint the problem and rectify it during the appeal process.
An attorney increases your chances of winning on appeal. The chances of winning an appeal are twice as good with an attorney than without one. There are a few reasons that you may want to reapply rather than appeal, but these situations are rare, and applying a second time should only be done with the advice of an attorney. Keep in mind that the majority of claims are initially denied, so you should not be too depressed about a denial of benefits when it happens to you.
An appeal is best made with an attorney because a case must be built and presented to a judge. Part of this is organizing your medical records in away that makes sense to a judge and filling in any gaps with doctors’ opinions to support your claims. An attorney with experience in the area of disability appeals will know what your medical records lack and what is needed to bolster your appeal.
Another important area where an attorney is valuable is in helping you know what type of questions you will be asked at your appeal hearing. Even when the medical records look good, a person appealing can make mistakes in the way they answer questions. With an attorney preparing you in advance, you will know what type of questions will be asked ahead of time and how best to answer them. There will be no surprises at the appeal hearing.
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