DENIED SOCIAL SECURITY BENEFITS? GET AN ATTORNEY WHO CAN HELP WITH YOUR RECONSIDERATION
When a claim for Social Security disability benefits is denied at the initial claim level, most claimants must request a reconsideration of that decision to start the appeal process. It’s called a reconsideration because the same state agency that issued the denial at the initial claim level evaluates your claim again. The case is sent to a different DDS examiner for a new decision. It follows the same process again, and about 80% of the time the reconsideration decision is the same as the initial decision- a denial.
HOW AN EXPERIENCED SOCIAL SECURITY DISABILITY LAWYER CAN HELP WITH RECONSIDERATION
After receiving a reconsideration denial, the next step is to request a hearing. Again, you have only 60 days to appeal and if you miss the deadline you have to start all over again. Appeals of claims processed in these locations go right to the hearing level after the initial claim denial.
A lot of people who do not have an attorney give up their claim after they receive a reconsideration denial. In large part, this is because the thought of attending a hearing is intimidating to most people. However, most cases are approved at the hearing level. That said, having good representation at your hearing is important because overcoming an unfavorable hearing decision can be extremely difficult. Social Security Disability Attorney Rob Levine helps with filing reconsideration requests in Rhode Island, Massachusetts, Connecticut, and New Hampshire.
THINGS TO KNOW AT THE SSDI HEARING LEVEL
It’s generally not a good idea to have family or friends testify on your behalf because a Judge would expect your witness to say what they could to help you. Besides, this is a disability determination. It’s the medical evidence associated with your case and the opinions of your doctors that are most meaningful.
At the hearing, the Judge will hear your testimony and consider the evidence associated with your file. The Judge may ask a vocational expert and/or a medical expert to give testimony. Your attorney will have the opportunity to question you, as well as any experts testifying. You will likely not know the outcome of your case until the Judge issues a written decision after the hearing.
If the decision is unfavorable, in most cases you can file an appeal within 60 days to the Appeals Council.
