Being denied Social Security Disability benefits can certainly be disappointing, but it doesn’t mean it is a final decision. You may become upset or disheartened and let this temporary setback in the process stop you from trying further to obtain benefits. However, do not be discouraged. the team of Social Security Disability lawyers from Second Chance Lawyer want you to know that there are options available for you.
We have collected the three most common ways to move forward after you’ve been denied Social Security Disability benefits. So read on!
Your 3 Options After Being Denied Social Security Disability
It’s important to note that being denied benefits doesn’t necessarily mean it was your fault, or that you can’t appeal and obtain them in the future. To make sure that there is nothing overlooked with your appeal and the process is streamlined, you should consider working with a local Social Security Disability lawyer that knows the system well. Your options moving forward are:
• Appeal your denial
• Reapply for Social Security Disability benefits
• Do nothing
Reapplying or Preserving Your Rights to Social Security Disability Benefits
Whether you choose to appeal your denial or do nothing and let it stand, it is important to note that you won’t be forced to seek disability income benefits prior to any determination. However, to preserve your right to receive Social Security Disability benefits, you’ll need to file an appeal.
Preserving your legal right to disability benefits before the denial is an extremely important process for two reasons. If you don’t appeal your denial, you could miss years of retroactive payments. Additionally, you could also lose time that would have counted toward obtaining your Medicare benefits.
How Does the Social Security Disability Appeals Process Work?
After being formally denied benefits, you have a 60-day window to file your appeal for Social Security Disability benefits. The process entails having another medical examiner that works for the Social Security Administration review your appeal and reconsider your application. During this time, if there is any additional paperwork to support your claim, it should be filed as well. If you’ve undergone additional treatment since your denial of disability benefits, you will want to supply contact information for the medical clinics you received treatment from. The Social Security Administration can also solicit documents on your behalf to update your case file.
What Are the Chances of Your Denial Being Approved?
Although every case is different, you have a much better chance of your denial being approved if you’ve undergone additional medical treatment or your medical history has changed during the period of your denial and when you file for reconsideration.
Do I Need a Social Security Disability Lawyer to File for An Appeal?
Working with a Social Security Disability lawyer will ensure that you have all of the proper paperwork and no stone is left unturned. If denied a second time, the next step in the appeals process will be to have a hearing before an administrative law judge. Local disability lawyers will have a working knowledge of how the process works as well as connections with the judges and personnel at your local Social Security Administration office and hearing office.
How Long Does it Take to Obtain a Hearing?
As we mentioned above, every case is different. The amount of time it takes to obtain a hearing in front of an administrative law judge may vary. Due to backlogs caused by the pandemic and many in-person hearings being postponed, it could take anywhere from 12-14 months or more. Working with a Social Security Disability lawyer may be a good way to expedite this process.
How Does the Telephone Hearing Process Work?
If you’ve been scheduled for a hearing over the phone for your appeal, the hearing assistant will call you, your attorney, the judge and, in some cases a vocational expert for a conference call on the day of your hearing. It is important to note that you can request a face-to-face or video hearing in place of a hearing over the phone, but this may take longer.
What Are the PROs & CONs of an In-Person Hearing?
There are some advantages to having an in-person hearing, especially for those with a visible physical disability. You can demonstrate to the judge in person the extent of your disability, which is much more convincing than explaining it over the phone. Additionally, things like gait abnormalities, body tremors, and dramatic weight gain or loss are also best demonstrated in person.
The biggest downside to not accepting a hearing over the phone is the time it may take to get an in-person hearing. However, these matters are best discussed with a reliable Social Security Disability attorney.
Contact us today for more information about hiring a Social Security Disability lawyer!
If you want to learn more about working with a Social Security Disability lawyer, the team from Second Chance Lawyer would love to tell you more about the process. Social Security attorney Merryl Jones has been helped thousands of Texans obtain the benefits they truly deserve. In fact, more than 98% of all those she has worked with have either obtained or are waiting to be approved for their Social Security Disability benefits.
Get the benefits you’re entitled to by contacting us online today or calling (254) 776-3611 (Waco) or (254) 493-0345 (Temple).
