What If Your Social Security Disability Claim Is Denied

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If you have sustained an injury that inhibits your ability to work, and you need to apply for Social Security Disability, the last thing you need is the added stress of a denied disability claim. You have bills that need to be paid, not to mention the medical bills you have likely incurred, and you have no work income to rely on. The best course of action is to have a qualified attorney on your side to help you navigate the intricacies of disputing a denied disability claim, and help you to get the benefits you deserve.

Appealing a Decision

If the Social Security Administration has determined that you are not eligible for disability benefits, you will need to file an appeal to get them to reconsider their decision. You must also act fast, as you typically only have sixty days after your claim was denied to file your appeal. The appeal process consists of four levels in the decision of whether or not you will receive benefits. Those levels include:

  • Reconsideration
  • Going before an administrative law judge for a hearing
  • An Appeals Council review
  • Review by the Federal Court

The Social Security Administration should have sent you a letter detailing their determination when your claim was denied. This letter should also explain how to proceed in terms of whether you should select a review by the Appeals Council, a hearing with an administrative law judge, or a reconsideration. A federal court review is the option that you would resort to if the Appeals Council decides that it will not review your case or in the event that you do not agree with their decision. This involves filing a civil suit in a federal district court.

Finding a solution to your financial problems due to a disability can be a frustrating and time-consuming process. If you are facing such an issue, trust the experienced attorneys at Shlesinger & deVilleneuve to handle your case.

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