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An overwhelming percentage of social security disability claims are denied yearly. This might be surprising to many but there are really only a few factors that affect a denial. This is why it is recommended to have a social security disability lawyer in Huntington, WV or anywhere else to help you when you make your claim. If your claim has already been denied, you are not completely hopeless; there are still some things you can do to address the situation.
Some say that all claims are denied the first time around. Do not be discouraged by this as it’s nothing more than a myth. The truth is that claims are denied for logical reasons, most of them simple and can be remedied. Many applicants simply do not meet the standard to prove that their disability qualifies them for benefits. Although the results are based on the medical records of the claimant, another detail to consider is the work history which will also help the claim.
Many people, upon finding out that their claims have been denied, give up hope on receiving benefits. This should not stop you from finding out what else you could do.
Appeal Instead of Reapply
Do not make the mistake of filing a brand-new claim. Time is of the essence; there is only a 60-day window for you to appeal for your claim. Your Huntington, WV social security disability attorney should help you complete your appeal. Be sure to notify your lawyer as soon as you receive the notice of your denial. In doing so, your claim has a better chance of being approved as opposed to reapplying. Failure to meet the deadline will automatically require you to reapply.
Three Levels of the Appeal Process
The appeal process is a tedious and intricate process that has three levels. The first level is reconsideration of the disability application where the details of your claim will be reviewed. Second, you will be required to appear in a hearing before an administrative law judge. Lastly, if your claim has been denied by the administrative law judge, it will be up to the Appeals Council to decide whether to reverse the decision or to deny your application again.
(Source: What happens if my SSI or Social Security Disability Application is Denied?, Social Security Disability And SSI Resource Center)
Jan Dils, Attorneys at Law