Appealing Your Denial For Social Security Disability Benefits
There are many individuals who are denied Social Security Disability (SSD) benefits even when they have qualifying disabilities. Those who believe that they were unfairly denied can appeal the U.S. Social Security Administration’s (SSA) decision. The hearing is an important part of that process that allows the claimant to have the decision reviewed by an administrative law judge. Individuals who contest denials for Supplemental Security Income (SSI) benefits can also use the hearing process. By having a Social Security disability lawyer, you can ensure that you are fully prepared and have the tools you need to effectively advocate for your disability claim. Our attorneys at the Zendeh Del Law Firm, PLLC, have extensive professional knowledge in the areas of Social Security Disability and the SSD appeals process. Let us help you!
When & How The Hearing Occurs
The first step of an appeals process is the reconsideration phase or a re-evaluation of an applicant’s SSD claim (with any new evidence) by a new party. When the reconsideration has been completed and the claim is still denied, the claimant has the option of requesting a hearing with the SSA’s Office of Disability Adjudication and Review (ODAR) to contest the second denial. The hearing generally occurs within 75 miles of the claimant’s residence, though it is sometimes possible to conduct the hearing through video conference. It is required that the administrative law judge is someone who was not involved in the initial SSD decision or the reconsideration process. Prior to your hearing, you could be required to either provide clarification concerning your SSD claim or provide additional information. Once the hearing begins, you will need to be fully prepared to answer questions asked by the judge, such as questions about your medical condition and ability to work. If you bring any witnesses to help prove your eligibility for benefits, they will also be questioned. You or and your lawyer will also have the opportunity to question other witnesses that the judge asks to speak at your hearing, such as medical experts or vocational experts. The judge then uses the information that was presented to come to a decision, which is usually sent to the claimant within 30 days of the hearing. Those whose SSD claims are again denied even after a hearing can request a review by the Social Security’s Appeals Council.
Preparing For Your Hearing
When preparing for a SSD hearing, there are a few things to consider. You should compile all of your disability medical records and pull together any additional supporting documentation or evidence from your healthcare providers to help support your argument on appeal. These documents would have been given to the SSA office when you initially applied for your SSI benefits. Contact your local SSA office to get a copy of these records if you do not have them in your possession. Always have documentary evidence to address any gaps of time in your medical history.
Gather Your Medical Records
If you had surgery and did not work while you were recovering, request documentation from your medical provider that proves you were disabled during that period. If you have any future medical appointments scheduled, make sure that you bring a copy of all documentation which shows the dates of those upcoming medical appointments. Collect written letters from your medical providers detailing the nature of your disability and how it affects your ability to earn an income. Finally make three copies of your entire package of documents so that you can give one to the judge and your attorney.
Why Work With A Plano Social Security Disability Attorney?
You are not required to have an attorney represent you. You should be aware, however, that having the proper legal counsel can give you a considerable advantage in proving your eligibility for SSD benefits. This is because, unlike you, your lawyer will have professional training in how to effectively handle cases before judges, present evidence and cross-examine witnesses. A strong attorney will be able to help you do all of the necessary planning before the hearing occurs, such as requesting the actual hearing, helping you collect medical records and other supporting documents, as well as helping you and your witnesses prepare for the questions you will likely be asked. This is exactly what we do at the Zendeh Del Law Firm, PLLC. Don’t let an initial denial for SSD benefits stop you from pursuing the financial assistance you know you deserve. We fight aggressively on our clients’ behalf, advocating for their best interests.
The sooner you contact us, the sooner we can help you begin preparing for your hearing for SSD benefits! We serve the Plano area, as well as many other parts of Texas.
