Three Things You Should Know If Your Disability Application Was Denied
If you filed for disability benefits and your claim was denied, you shouldn't panic. People are routinely denied benefits when they first apply. In fact, according to the Social Security Disability Resource Center, only 36 percent of initial filings for disability benefits are approved. This means 64 percent are rejected. If you find yourself in this position, you are not alone. The following are a few things you should understand.
You have a right to appeal
Even though your application was denied, you have the right to an appeal. There is more than one level of appeal. The first is called reconsideration. This is when your application will be sent back to the Social Security Administration, but a different examiner will at the all of the documents. This is only to check for mistakes that the first examiner might have made. Seldom will your case be reversed at this stage. The next step is arguing your case before an administrative law judge. It is here that your case will be reversed on appeal if you can persuade the judge that you are entitled to benefits.
You should get an attorney for your appeal
The chances of winning on appeal are much greater if you hire a Social Security attorney. They have the experience to know why your claim was denied. For example, if the rejection was legitimate—meaning your disability doesn't qualify for benefits—then they can let you know that. But, if your application was rejected for mistakes that you made, this can be rectified on appeal. Perhaps you did not sufficiently document your disability. This is a common reason for rejection. An attorney can let you know what needs to be done before you attempt an appeal.
You don't need to worry about payment
If you can't afford to pay an attorney, you shouldn't let this stop you from hiring one. Disability attorneys all work on a contingency basis, and the fees are taken from a portion of the disability award. The specific amount they are allowed to charge is set by federal law, and these fees must be approved by the Social Security Disability Insurance Office. There are no hidden lawyer fees, and if you are denied benefits on appeal, you will not owe anything to the attorney. If you do win on appeal, some or all of the fees will be paid from the back benefits that are owed to you. This means that you will likely begin collecting your full monthly benefit right away.
If you have received the news that you do not qualify for disability, do not fret; you are not alone. Rejection is common. But, you need to begin your appeal process, and this is best done by consulting an attorney.