Thursday, April 17, 2014

Tips on Dealing with a Denied Claim

Almost everyone who has filed for Social Security Disability benefits knows that it is no cake walk. The following are some guidelines to follow in order to avoid disability claim mistakes.

Don't Do it By Yourself

The first mistake people do is to not hire an attorney when they have been denied. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that, everything else being equal, Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.
From the initial application to the hearing level and beyond, disability attorneys understand how to present a case in the light most favorable to their clients. On the initial application, your lawyer can offer advice on your alleged onset date of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect and submit relevant medical evidence, obtain an opinion from your treating physician, draft a detailed brief to the Administrative Law Judge (ALJ), and prepare you for the judge's questions at the hearing. Your attorney will also elicit helpful testimony from you at the hearing and may cross-examine the Vocational Expert or Medical Expert to demonstrate that you're unable to work.