How to Win a Social Security Disability Appeal
How to Win a Social Security Disability Appeal
Nationally, approximately sixty-four percent of initial Social Security Disability applications are denied. However, applicants have the right to appeal the Social Security Administration's (SSA) decision.While Social Security is a federal program, every state has a Disability Determination Services office and an Office of Disability Adjudication and Review. Reviews are conducted on the state level. The percentage of successful appeals varies from state to state, but in every case, the success rate is significantly higher than the approval of initial applications.There are four levels of appeals available: reconsideration of the decision, Administrative Law Judge hearing, a review by the Appeals Council, and an appeal filed in Federal Court.Factors That Impact AppealsThe thoroughness of your appeal application impacts your chances of success. For example, the details in your medical records are vital in appealing a denial. Additionally, the severity of your condition will factor into whether your claim is approved. Unfortunately, some types of impairments are more difficult to prove.It is essential to be honest and not exaggerate your condition. Nonetheless, if you are suffering from chronic pain or a mental illness that fluctuates in intensity, an appeal will be more challenging.There is no guarantee of success when you appeal the denial of your Social Security Disability benefits. However, there are some things you could do that will increase your chances.Request Your Appeal on TimeAfter every decision made regarding your claim, you have sixty days to submit a request for an appeal. Failing to comply with this deadline will likely result in your appeal being denied. A request for reconsideration, an Administrative Law Judge hearing, or an Appeals Council review requires submitting specific paperwork that you could find on the Social Security Administration's website or your local Social Security Office. You could also speak with an experienced Philadelphia Social Security Disability attorney.Appeals LetterThe required Social Security forms requesting an appeal provide a small area to explain your position. The first stages of an appeal could be critical, so it is important to state your position clearly. Attaching an additional appeals letter along with the official form permits you space to carefully outline the issues and problems with the decision.When the SSA denies a disability claim, it provides the claimant with a denial letter that includes the disability determination rationale or an explanation of determination. This explanation should list the reasons why the claim was denied, the sources used to evaluate the claim, a description of your medical condition, and how your impairment was assessed.The explanation of determination should serve as a guide for your appeals letter. First, you should carefully review the information for errors or misstatements. By using the denial letter as an outline, you could tailor your response to the problems the SSA cited. In addition to your written clarification, you should submit any records, statements, documents, or other information that support your position. The denial letter should provide an outline for what additional medical evidence is necessary.Additional Medical Evidence
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About Paul Young, Esquire
Paul Young has focused on representing clients as a New Jersey Long-term disability attorney, and bankruptcy lawyer for over 30 years, winning thousands of cases. Mr. Young operates out throughout the Philadelphia area, helping anyone in need.