Disability Report Appeal

Disability Report AppealOne of the benefits that the Social Security Administration (SSA) provides is disability benefits. The program is called the Social Security Disability Insurance (SSDI) to people who become disabled. This program is for people who worked enough to have paid Social Security taxes on their earned income. People who have limited income or recourses may qualify for Supplemental Security Income (SSI) instead. Unfortunately, it is not uncommon for a claimant’s initial application to be denied. It is estimated that approximately 70 percent of claimants are initially denied. When this happens, they are entitled to file an appeal. The first step in requesting that appeal is to fill out and file the SSA’s disability report appeal form.

An Attorney Can Help

When SSA denies an initial claim, the claimant can either reapply for their benefits or appeal the denial. The problem with reapplying is that this means starting from square one again and you will still have that 70 percent risks of being denied again. At this point, you would likely then move to the appeal process. Rather than waste more valuable time for a situation you only have a 30 percent chance of a favorable outcome, it will likely make more sense to move right to appeal the denial of your initial claim.

Although it is not required that a person retains the services of a Social Security disability attorney when appealing their claim denial, there is a much higher rate of success for those claimants who do. The process can be a complex one and if you are unfamiliar with the process and make an error, you could severely jeopardize your appeal.

A claimant who receives a denial letter has 60 days to file an appeal. The first step of the appeal is called request for reconsideration. This is where the claimant is requesting the SSA re-reviews their case. If there were no errors made in the initial application and there has been no new medical evidence, it is likely that there will no change in the agency’s decision.

If the request is denied, the next step is to request a hearing in front of an Administrative Law Judge (ALJ). Whether or not a claimant is successful at this level of the appeal is really dependent on the type of evidence the claimant is able to present to the ALJ, as well as the legal arguments given. This is where an experienced Social Security disability attorney is key.

If the ALJ denies benefits, there are two additional appeal levels the claimant has. These are the Appeals Council Review and the U.S. District Court. If your case has gotten to this level and you do not have an attorney advocating for you, it is imperative that you seek out the advice of a Social Security disability attorney before filing for any type of appeal at this level. For more information, contact us today at the Saavedra Law Firm, PLC.

Phoenix Personal Injury & Civil Litigation Lawyer

Attorney Freddy Saavedra provides trustworthy, aggressive representation to accident victims. He handles cases related to motor vehicle collisions, slips and falls, dog bites, and other accidents. Attorney Saavedra also brings wrongful death claims on behalf of families who have suffered the loss of a loved one in an accident.

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$1 Million Motorcycle Accident Trucking Accident Wrongful Death - Recovered for the statutory beneficiaries of a motorcyclist killed by a negligent commercial truck driver. The driver of the commercial vehicle was found to be driving under the influence of alcohol and completely liable for causing the collision that resulted in the death.
$700,000 Motorcycle Accident - Recovered for a motorcyclist who suffered a partial degloving of his left arm and a fractured femur. The accident was caused by a motorist driving under the influence of alcohol who initially fled the scene of the accident. The at fault driver was found 100% liable for the victim's injuries.
$248,000 Trucking Accident - Recovered for accident victim who suffered a fractured ankle caused by a negligent truck driver. The at fault driver was driving a commercial vehicle and was found completely liable. The victim's ankle surgery following the accident was not completely successful and she required follow up care and an additional surgery. The at fault driver was found liable for the injuries sustained by the victim, including the second surgery and follow up care.

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