What Happens If Your Application For SSDI Is Denied?

by | Apr 3, 2015 | Law

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Do not be discouraged if you make an application for Social Security disability insurance benefits and it is denied. If your application is denied you are in good company as nearly three quarters of initial applications are denied outright. Having your application really does not mean a lot because you have the right to appeal and many claims are approved during this process. As the benefits accrue back to the date of your first application, even if you are denied your eventual benefit payments will be backdated.

Many applicants go ahead and make the initial application without any professional assistance. If you are among the majority that has their application denied, this is when you will want to turn to a Social Security lawyer in Evanston for help. There is a deadline for making the first appeal, if you miss this deadline you miss the opportunity of getting your backdated benefits as you have to start all over again. When it comes to an SSDI application; loosing time is equivalent to losing money.

There are a number of defined steps or stages in the appeals process, the first is to ask that the Administration reconsider their stance and approve your application. This rarely happens so the appeal is elevated to a hearing in the presence of an administrative judge, from there to the appeals council and if all else fails; to Federal Court.

The administrative hearing:

You and your Social Security lawyer in Evanston have a 60 day window from the date on your denial letter to request a hearing. The hearing is heard by an Administrative Law Judge and the hearing is held within 75 miles of your home if at all possible. Although you are obliged to request a hearing within 60 days you will invariably wait longer than that for the actual hearing to take place. Once the hearing is scheduled the judge will review any supporting evidence that was included with your original application plus any additional information you may have. During the hearing the judge will entertain any expert witnesses that you have that can add professional input to support your case. Unlike a court hearing, this hearing is quite informal; the hearing is held in person or it can be arranged through video conferencing.

Appeals Council:

In many cases the application is approved after being heard by the administrative judge; however, if it is not you can elevate your case to the appeals council. This council does not take into account any additional evidence; their task is to review the process, checking to see that everything possible has been submitted to defend the application. The appeals council is looking for any errors that may have been made. In the event your Social Security lawyer in Evanston has spotted errors, he or she can offer them in the way of a written argument in support of the application.

If all else fails and you believe you genuinely deserve to be awarded benefits you can take the case to the Federal District Court for adjudication.

To know more visit the site RabinssLaw.com.