The Dirty Secrets About Appealing a Denial of Social Security Disability Benefits

Unfortunately, the Tampa Bay Social Security Disability attorneys Cavey and Barrett, know that many applicants who apply for Social Security Disability benefits will be denied benefits at the initial application stage.Social Security Disability Appeals

One dirty little secret is that you have the right to appeal that decision by filing what’s called a Request for Reconsideration.

At Cavey and Barrett, we assist you in completing the Request for Reconsideration on a timely basis and help gather the necessary medical records help the Social Security Administration know the determination is to entitlement of benefits. Unfortunately, the second dirty little secret is that most people are also denied at the Request for Reconsideration stage. Why? Because the same folks that deny you your benefits at the initial stage are the same people who deny you at the request for reconsideration stage.

The last dirty little secret you to know is that the second level of appeal is called a Request for Hearing in front of an Administrative Law Judge. At Cavey and Barrett, we gather the medical and vocational evidence to help you meet your burden of proof so that you receive the Social Security Disability benefits that you are entitled to as a result of your medical condition.

The biggest and badest dirty secret about the Social Security process is that if you give up, you won’t get your benefits. It’s only through your persistence and the assistance of the law firm of Cavey and Barrett that you will get the Social Security Disability benefits you deserve. Give us a call today to schedule your FREE no obligation assessment.

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

The Magic Day – You Get a Notice of Hearing | New Port Richey Social Security Disability Lawyer

You have filed your Request for Hearing and you have waited, waited, and waited some more. You may waited for over a year but the mail man has just delivered a letter from Social Security with a Notice of Hearing.

The Notice of Hearing will tell you the date, time, and location of your hearing. Don’t be surprised where the hearings can be held. I have had hearings at the local Marriott hotel where the visiting ALJ was staying and in bank buildings!

You will generally get 30 days notice of the hearing and be asked to send a form back to the local office that confirms you will be attending that hearing.

So, now the big day is approaching what should you do?

First and foremost, if you don’t have an experienced Social Security attorney such as Nancy Cavey or Sharon Barrett, get one immediately. You have a better chance of winning with representation than without.

If you choose to do it yourself (this in not a Home Depot type project) you should immediately get all your medical reports from any medical provider who saw you from the date you filed your initial application until the day you got the Notice of Hearing.

Make two copies. One should be sent to the local office by certified mail immediately. Take the second and put in date order. Then sit down at your kitchen table with a pad of paper. Start reading and taking notes. What did I complain about? What did the doctor say about my ability to sit, stand, walk, bend, and stoop? Probably nothing!

That should be enough to send you to a social security disability attorney who can get from your treating physician information about your physical or emotional abilities. Getting your doctor to say your are disabled is a waste of time and money. That is not what the Administrative Law Judge (ALJ) is looking for.

Since you have decided that you are Perry Mason, what are you going to do next?

You are going to get ready to testify. OK, are you now ready to admit you need an attorney? You may have talked your way through life before but it is not going to work before the (ALJ). A Social Security attorney will prepare you for the most important day in your Social Security claim.

Appealing A Denial of Your Request for Reconsideration | Spring Hill Social Security Disability Attorney

You have been denied a second time.

You have two options. Give up (never) or appeal the denial of your Request for Reconsideration (always)!

So what do you have to do next? You must file a Request for Hearing within 60 days from the date of the Request for Reconsideration. If you don’t, you simply won’t get a hearing in front of an Administrative Law Judge (ALJ).

You want that opportunity to tell the ALJ your story… but it is not the story you think you should tell.

When you were is school I am sure you had a teacher who wanted you to “tell them what they wanted to hear.”

It is the same thing when you are in front of the ALJ. You don’t want to tell them your story… you want to tell the ALJ the Social Security story and explain how you meet the criteria in the 5 steps we have talked about.

But, you won’t get to tell that story unless you timely file an appeal of the denial of your Request for Reconsideration. For more in-depth help contact our skilled attorneys here.

How Many Times Am I Going To Get Denied? | Tampa Social Security Disability Lawyer

Probably twice! Your initial disability application for Social Security benefits will probably get denied and you will have to file a Request For Reconsideration. Some people may call that an appeal but the proper Social Security jargon for the first “appeal” is a Request for Reconsideration.

More than 80% of all Requests for Reconsiderations are denied. That makes twice!

And, you need to appeal a second time by filing what is called a Request for a Hearing. A real live hearing in front of an Administrative Law Judge and not some disability determination clerk!

You can and, in my opinion, should have an experienced Social Security Disability attorney represent you at all stages-from the initial application, through the Request for Reconsideration and the Request for Hearing.

When you call a disability lawyer, you will be asked if you have been denied and how many times. That is short hand for trying to determine what stage of process you are at and what needs to be done next.

Remember that if you don’t appeal a denial timely you can lose valuable rights and have to start all over! You do not want to file a new application – you want to appeal by filing either a Request for Reconsideration or a Request for Hearing.

When you make that call have a copy of all correspondence you have gotten from Social Security in front of you. You can read what is says, if need be, so your lawyer can begin the correct appeal process. Don’t get confused! Appeal! And be sure to hire an experienced attorney such as Nancy Cavey or Sharon Barrett.

Why are 85% of Requests for Reconsideration Denied | Clearwater Social Security Disability Attorney

National statistics show that 85% of reconsiderations are denied. What an amazing number! Why do so many Requests for Reconsiderations get denied?

Your initial application for Social Security Disability benefits and the request for reconsideration is, in most states, referred to a state agency who had contracted with the Social Security Administration (SSA).

The initial examiner most always gets it wrong. Unless there is “in your face” evidence of disability, the examiner who looks at your file at the reconsideration stage is just going to rubber stamp the initial denial.

Many times a doctor on contract with the state agency will be asked to look at the medical evidence that has been gathered from your medical providers and asked to determine what your physical limitations are and your ability to function. It is not unusual for this doctor, who know nothing about you and who won’t examine you, to tell the state disability determination office you have the physical ability to go back to the lightest job you have done in the last 15 years. That means you lose at Hurdle 4!

The request for reconsideration is just a paper review. You don’t get to meet the examiner or introduce evidence about what your doctor says.

Records do not tell the whole story.

The sooner you get through the Request for Reconsideration stage the better! You want to get to the Administrative Law Judge so you can tell your story. Appeal without delay any denial of your Request for Reconsideration. For more information contact us here.

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