If you file for Social Security Disability benefits and are denied, you should appeal by filing what is called a Request for Reconsideration. This is the second stage in the social security disability process. You must file your reconsideration within 60 days, plus 5 days for mailing, of the denial of your initial disability application.

What are the odds of getting approved at the reconsideration level (recon)? The average denial rate is 85%. Wow!

The request for reconsideration goes back to the same folks who denied your claim the first time. A state agency, referred to as DDS, or disability determination services, reviews both the initial application and the request for reconsideration. The process is the same but a different person looks at the request for reconsideration. Same result just a different person!

So, why bother to file a Request for Reconsideration if 85% are turned down? Because if you don’t file a Request for Reconsideration and change your mind 65 days later, you get to START all over again. More importantly, you have to jump through the Reconsideration hoop to get a hearing before an Administrative Law Judge (ALJ)  where the odds of success are significantly greater.

Don’t be discouraged! Just file your Request for Reconsideration so you can jump the next hurdle. Don’t stumble and don’t delay! Contact experienced Social Security Disability Lawyers Cavey & Barrett today!

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Over 1,675,000 initial claims for Social Security disability benefits are denied each year!

What should you do? Appeal the denial immediately by filing a Request For Reconsideration! What’s going to happen next? You’re going to get denied again! And what are you going to do after the second denial?  Appeal again and asked for a hearing!

If you don’t appeal, the initial denial or the denial at the Request for Reconsideration stage you lose!

Why appeal when you keep on getting denied? Because eventually you will get your case in front of an Administrative Law Judge (ALJ) at a local disability hearing office where you get to present your case to a real live judge.

If you don’t stay in the race, you don’t even have a chance to win. This is a marathon and victory usually comes to those who outlast the appeals process.

Individuals who are represented at a hearing have a better chance of being awarded benefits. There’s a significant difference in the number of applicants who are awarded benefits after hearing who are represented then those applicants who choose not to have representation.

Never, never give up! If you want to obtain the Social Security disability benefits you’re entitled to and you are denied, appeal and hire a Social Security Disability attorney like Nancy cavey or Sharon Barret.

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One of the proposals to reduce the Social Security Disability Benefit backlog was the formation of a National Hearing Center (NHC) to hear cases by videoconferencing from the Offices with the longest waiting times. That is now a reality and the national hearing office was opened in Falls Church, Virginia in December 2007.

7 Administrative Law Judges (ALJ) were assigned to hear cases from the Atlanta, Cleveland, and Detroit areas by video. You appear in an office with a video camera and watch the ALJ on the screen as you answer the ALJ’s questions.

While we applaud this effort and  admit that video teleconferencing is a great tool, our experience has not been favorable. In those cases where the honesty or credibility of the applicant is in dispute, video teleconferencing just does not cut it. In those cases, a good old fashioned hearing in front of the ALJ is crucial. A face to face conversation with the ALJ can make the difference between winning or losing your Social Security Disability Claim. If you have any questions contact us here.

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.

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The very first thing that should be done is to look at your Social Security file to see what is in your file. The Social Security Administration (SSA) will send your lawyer a CD with a copy of your file.

Some lawyers will do a cursory review of the file but we believe the file should be reviewed cover to cover! Why? We want to learn what happened at the initial and reconsideration level, what evidence was in your file, and the reason for the denial.

We then formulate a strategy for the file handling. Since SSA’s file development stops at the Request for Reconsideration, the medical in your file is out of date by the time a hearing is scheduled. Remember it can take 18 to 24 months to get a hearing and a lot can happen medically in your case.

We obtain a complete copy of your medical records to show when your disability started, how it progressed and how your disability continues to impact your employability. It is important that you keep your lawyer updated on your medical treatment.

We also contact your treating physician to have them complete the appropriate residual functional capacity form. (RFC)

We also prepare a brief summarizing your case and pointing out what evidence supports each of the 5 hurdles. We make sure the Administrative Law Judge (ALJ) has all your medical records and a strong argument for awarding you the social security disability benefits you deserve.

Before your hire a lawyer, make sure you understand what will be done to prepare your case for your Social Security hearing. Without a doubt it would be in your best interest to hire an experienced Social Security Disability lawyer such as Nancy Cavey or Sharon Barrett to review your file and help you with your case.

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Unfortunately, hiring an attorney will not generally speed up getting your Social Security disability benefits. So, why should you get a Social Security Disability lawyer?

You don’t hire a lawyer to speed up a case, you hire a lawyer to improve you chances to obtain your benefits because your lawyer will develop the necessary evidence to meet the 5 Hurdle test we have explained in early postings.

If you have been denied your claim for Social Security Disability benefits you are going to end up, most likely, in front of an Administative Law Judge (ALJ). Do you want to be in front of the ALJ by yourself? Do you want to rely on the ALJ to do the right thing?

An attorney will make sure that your medical records are obtained, develop the evidence, get your physician to fill out a functional residual capacity form (RFC), prepare a memorandum for the ALJ explaining your case, and prepare you for the hearing.

The reality is that you really do need a lawyer. If you live in the Tampa Bay area and think you qualify for benefits, contact the Law Office of Nancy Cavey and Sharron Barrett to arrange a consultation. Click here or call 727-897-9117 or 727-894-3188.

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