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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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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Do you need a social security lawyer, like Nancy Cavey, to help you get your Social Security Disability benefits? It depends on where you are at in the claims application process.

The initial application is pretty easy to file but there are mistakes that you can make in the initial application process. These mistakes can include giving incomplete history about your work history, failing to give an accurate an history about the lightest job you have had, not explaining your medical condition fully, failing to explain the side effects of medication, etc.

I would suggest that you consult with an lawyer before you file the claim for Social Security Disability so  you understand how to file the forms correctly.

If you initial application is denied, you must file a Request for Reconsideration within 60 days or you get to start over. We think you should have a lawyer at this stage.

If your claim is denied, you must file an Application for Hearing within 60 days if the Request for Reconsideration is denied. St. Petersburg Social Security Disability lawyer Nancy Cavey’s help in developing the necessary medical, vocational and lay evidence can make the difference between wining and losing. For more information, and for more help with your claim, click here or call 727-894-3188.

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The second hurdle in the sequential evaluation process is whether your impairment is severe. Severe is a misleading and confusing term! This hurdle is designed to cull out claims that have either no medically determinable impairment (another Social Security term) or claims that no a slight medically determinable impairment that causes only minor limitations on your ability to work. Practically any reduction in your residual functional capacity, such as limitations on your ability to lift, will meet the requirement that you have a medically determinable impairment.

Even your subjective symptoms that are caused by a medically determinable impairment, are considered in determining the impact on your ability to do basic work activity.

If your doctor has enough information about your condition through an examination or diagnostic testing, such as lab work or x-rays, to make a diagnosis, you have a medically determinable impairment. You meet Hurdle 2: The Severity Hurdle.

The Social Security Administration (SSA) is directed in close cases to decide Hurdle 2 in your favor. In my opinion, Hurdle 2 denials by SSA are suspect and we look at these denials closely. Anyone who has a claim denied at Hurdle 2 should immediately file a Request for Reconsideration. For more information, and for more help with your claim, click here or call 727-894-3188.

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