I sometimes get calls from people who have been denied for benefits, but were given the option to go through a process that SSA calls "reconsideration". Simply put, if your first application is denied, reconsideration is the next step. Essentially, SSA will assign a different claims examiner to review your file. The second examiner will follow exactly the same process as the first. He or she will look at the same documentation and apply the same rules.
Not surprisingly, the second examiner usually reaches the same decision. About 85% of denied applications are denied again in reconsideration. If your claim is denied for a second time, you can file for a hearing before an Administrative Law Judge (ALJ). Often, your best chance of being approved comes at this hearing. A qualified representative can prepare your case for hearing, let you know what to expect, and appear with you. It is a representative's job to present your best case and tip the odds in your favor.
Oddly, there are ten states that SSA has exempted from the reconsideration process. Alabama is one of those ten states. In those ten states, if your claim is denied, you can go directly to hearing and skip reconsideration altogether. Unfortunately, in Tennessee, this step is still required.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
Tuesday, October 8, 2013
I've Filed for Disability. How Do I Improve my Chances of Winning?
If you've recently filed for disability, you've probably heard that the next step is to prepare for a long wait. Still, there are things you can do right now to help your case.
First, be cooperative with the Social Security examiner. If you speak to the examiner, be polite and try to answer all questions accurately. Be sure to respond promptly to requests for medical records or documentation. If you have a representative, he will handle most of this work for you. If you receive a letter from SSA, it's a good idea to make sure your representative is aware of it. Being proactive helps to make sure Social Security gets all the information they need to decide your case.
Perhaps the single most important thing you can do for your claim is to continue getting medical treatment on a regular basis. SSA rules require that you have a condition that has lasted 12 months, or will last 12 months into the future. A doctor's visit showing a severe medical condition is helpful, but two visits that are at least 12 months apart are much more helpful to your case. It is very common for truly disabled people to have their claims denied because they have not had recent medical treatment. If you cannot afford treatment, try to find a free or reduced-fee clinic in your area. It is almost impossible to be approved for disability without good medical documentation.
Keep a weekly journal of your medical progress. Document your symptoms and the limitations you experience with everyday life. If you have to take frequent breaks while doing housework, document that. Experience a side effect from medication? Write it down. Be sure to record problems with mental impairments as well as physical problems. Problems remembering things or having feelings of anxiety or depression can be important to your case. This information will be very helpful as you go forward with your claim.
Talk to your doctor. SSA is required to consider your doctor's opinion when deciding your case. Although many other factors also come into play, your physician's expert medical opinion can help your case. If your doctor supports your decision to seek disability benefits, be sure to inform your legal representative.
Finally, get experienced representation immediately if you are unsure how to proceed or if your claim is denied. Social Security rules are complex, and a having experience with the system can greatly improve your chances of being approved.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
First, be cooperative with the Social Security examiner. If you speak to the examiner, be polite and try to answer all questions accurately. Be sure to respond promptly to requests for medical records or documentation. If you have a representative, he will handle most of this work for you. If you receive a letter from SSA, it's a good idea to make sure your representative is aware of it. Being proactive helps to make sure Social Security gets all the information they need to decide your case.
Perhaps the single most important thing you can do for your claim is to continue getting medical treatment on a regular basis. SSA rules require that you have a condition that has lasted 12 months, or will last 12 months into the future. A doctor's visit showing a severe medical condition is helpful, but two visits that are at least 12 months apart are much more helpful to your case. It is very common for truly disabled people to have their claims denied because they have not had recent medical treatment. If you cannot afford treatment, try to find a free or reduced-fee clinic in your area. It is almost impossible to be approved for disability without good medical documentation.
Keep a weekly journal of your medical progress. Document your symptoms and the limitations you experience with everyday life. If you have to take frequent breaks while doing housework, document that. Experience a side effect from medication? Write it down. Be sure to record problems with mental impairments as well as physical problems. Problems remembering things or having feelings of anxiety or depression can be important to your case. This information will be very helpful as you go forward with your claim.
Talk to your doctor. SSA is required to consider your doctor's opinion when deciding your case. Although many other factors also come into play, your physician's expert medical opinion can help your case. If your doctor supports your decision to seek disability benefits, be sure to inform your legal representative.
Finally, get experienced representation immediately if you are unsure how to proceed or if your claim is denied. Social Security rules are complex, and a having experience with the system can greatly improve your chances of being approved.
(615) 732-6159
Franklin, TN (Nashville) office
(256) 799-0297
Huntsville, AL office
www.ForsytheDisability.com
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