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If your initial claim for Social Security disability was denied, you’re in good company. Roughly seven out of 10 initial claims are denied. Thankfully, there’s an appeals process for those who think they’re still eligible for benefits. If you want to appeal a denial, here's what you should know about proceeding.

The Request for Reconsideration 

Upon receiving a denial, you may submit a request for reconsideration. This request essentially asks another representative from the Social Security Administration to review your application. Depending on the circumstances, it may be worthwhile to supplement your claim with additional information.

Since it may be unclear precisely why you were denied benefits, it’s wise to seek legal counsel before submitting the request. An experienced attorney can determine the most likely reason for the denial and then gather any supporting documents needed to bolster your claim. 

The Request for Hearing 

Social Security disabilityIf your claim is denied even after reconsideration, a lawyer can help you file a request for a hearing. This request must be submitted within 60 days of receiving notice of the reconsideration denial. During the hearing, be prepared to discuss your condition and the limitations it poses. There will likely be medical and vocational experts in attendance to ask questions and advise the administrative law judge on their professional opinions. 

If you wish, witnesses may be in attendance, as well. Whether it’s wise to include their testimony will depend on the situation. You will also get the opportunity to present any new evidence. If your condition worsened since submitting the initial application, for example, it’s in your best interests to tell the court as much.

If you’re still denied benefits after the hearing, your case will proceed to an Appeals Council. Administrative law judges who were not involved in any previous proceedings will review the claim and make a final ruling. They might agree with the hearing’s findings, overturn them, or return the claim to the original judge for reconsideration with their own observations regarding any mistakes that were made. 

 

If you want to apply for disability benefits—or you already have but your claim was denied—turn to David W. Kapor & Associates. Based in Cincinnati, OH, this firm limits its focus to Social Security disability. Their compassionate team is committed to helping clients recover the funds they need to lead a relatively comfortable life. To learn about the personalized and attentive counsel they provide, visit their website. To schedule a consultation, call (513) 721-2820. 

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