What Happens If Your Application For Disability Benefits Is Denied?

by | Dec 8, 2016 | Law Services

It is a fact that the greatest majority of applications are denied on submission. Although this can be frustrating, it is far from the end of the process; you are given an automatic right to appeal. This is the time to hire disability lawyers in Oak Ridge, your chances of winning benefits on appeal are greatly improved when you have knowledgeable lawyers on your side.

There is no time to waste if your application is denied, you are given 60 days to hire your lawyer and submit the documents required to support your appeal. If you miss this window of opportunity, the application is considered closed and if you wish to continue you will have to go back to the beginning and reapply.

The appeals process starts when your lawyer requests reconsideration of the original decision and, if necessary; the appeal can go as far as federal court. Rarely does a request for reconsideration result in approval, the next, and perhaps most important stage, is an administrative hearing.

The hearing:

The hearing is held in the presence of an administrative law judge. You and your disability lawyer will be given ample opportunity to present evidence that supports your claim. During this hearing you are free to introduce witnesses that can substantiate your disability and the extent of it. The hearing is far less formal than a conventional court, it is held one-on-one with the judge, your lawyer and any supporting expert witnesses.

Appeals council:

In the event you are not granted benefits after your hearing, your disability lawyers in Oak Ridge will elevate your appeal. The appeals council will not accept additional evidence; they take what has been presented and review the case in an effort to see if there was an administrative error that warrants approval. If this fails, and you are convinced that you should be granted benefits, you can take the case to federal court.

If you have applied for Social Security disability only to be refused benefits you should consider hiring disability lawyers in Oak Ridge to help with your appeal. You are welcome to discuss your case with the Law Office of Miller & Drozdowski, P.C. Like us on our facebook page.

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