Four Costly Mistakes You Do Not Want To Make If You Have Been Denied Social Security Disability

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If you have suffered an accident, illness, or met other certain qualifications, and are unable to work, you may have filed an application for Social Security disability. Although, you may already know that you only have a 36% chance nationally of being approved, it is still disheartening when the denial letter comes in the mail. Fortunately, that is not the end of things, but what you do next may determine whether or not you will receive benefits. Here are four costly mistakes you want to ensure you do not make.

Not Filing Your Appeal 

No matter how disheartening being denied may be, you must continue and go through the appeal process. This is your right. How to file your appeal is always clearly spelled out in any denial correspondence sent to you by the Social Security Administration. 

In most states there are four levels of appeals, although some states have done away with the first step of reconsideration and allow you to go directly to a hearing. These steps are:

  • Request For Reconsideration
  • Administrative Law Judge Hearing
  • Appeals Council
  • Federal Court Review

It has been shown that between 50-60% of appeals are approved at some stage of the appeal process after being denied initially.

Missing Appeal Deadlines

Each step of the appeal process has a hard and fast deadline within which you must file your appeal. You have 60 days from the date of your last denial in order to file your next level of appeal. This date is always reflected in the notice of denial that is sent to you. Social Security may give you a few extra days due to mailing, do not bank on this. 

You can file after your deadline has passed if you have a good cause, or a situation outside of your control. Some good causes that have been approved in the past include:

  • Hospitalization
  • Mental infirmity
  • Illness

Considerations of late filings are often not very favorable, and late filing can, and usually will result in your case being dismissed.

Filing A New Claim

Many applicants make the mistake of filing a new claim instead of filing an appeal. Sometimes this is due to confusion on the part of the applicant pertaining to the appeals process. Some people think that once they have been denied the only recourse they have is to start from scratch. This is not true.

Even if you have additional information you feel that will make a difference on a new claim, remember, you are able to include this information during your appeals process. When you file a new application it will be decided by the same agency that denied your first claim. When you file an appeal, your application will be seen by a fresh set of eyes.

Not Hiring A Social Security Disability Attorney

Many people fail to hire a social security disability attorney because they feel they cannot afford one. Most people have been out of work for an extended period of time, and things are already financially tight. 

The good news is, most social security disability attorneys do not charge any upfront money. They are willing to work your case for a percentage of the back benefits they able to get for you. Social Security sets the rate they can charge at the lesser of 25%, or $6,000.

What you may not realize is that you cannot afford not to have one. Not hiring an attorney may be one of the costliest mistakes you can make.

Although you have a chance of having your case approved on your own, hiring a disability attorney will significantly increase your chances. This is because your attorney will not only understand how to present your case in a favorable light, but they will also ensure that your records are complete prior to your case being heard.

If you have been denied social security disability benefits, call an attorney today. They will ensure you do not make the other three mistakes. You can also check out the site here for more info.


9 September 2015

Noni and the Accident

My name is Noni. When I was in college, I was hit by a car while crossing the street. My life was never in danger, but I did break a few bones and had a lot of huge medical bills. I was hoping I wouldn't have to get involved with an attorney, but unfortunately, it came down to that. I used a family friend who is an accident attorney to get some compensation. A few years later, I was hit while riding my bike and had to go through the same process. I suppose I'm lucky to be alive. And it's thanks to accident attorneys that I have been able to put my life back together. I started this blog as a way to let others know just how much lawyers can help you in certain situations.