Social Security in its various forms is a benefit that many of us have paid into over our entire professional careers with the expectation that the various benefits will be available when and if the need arises. For Social Security Disability Insurance, that need comes into play after suffering an injury or other disabling condition that prevents employees from performing their every day job duties. When reasonable accommodations fail or are unavailable in your given line of work, SSDI is expected to be a backstop to help provide for the daily expenses of you and your family.
Many applicants, however, find themselves turned down in their initial social security claims. As many as 60% of applications for Social Security benefits are denied in the initial submission. Many of these applicants are wholly qualified and go on to collect benefits after one or more appeals. The main reason that claims are denied has to do more with the complicated and incredibly particular requirements of a SSDI claim. While the average person on the street may find the application process and interpretation of the rules and regulations overwhelming, having an experienced disability law attorney on your side may make the difference in determining success in your claims process.
Ensuring Your Claim Meets the Requirements
From specifying your injury to obtaining affidavits from your employer, the Social Security Administration has a host of requirements needed for a successful claim. When it comes to your specific disability, the SSA retains a list of conditions that are considered severe enough as allow applicants to automatically qualify for SSDI benefits.
While this “list of impairments” may seem straightforward, those who have experience filing Social Security benefits claims know that failure to properly document an injury or categorize or describe a medical limitation in a way that fits into the narrow guidelines can create administrative red tape and may ultimately lead to a denial of your claim. Disability law lawyers, such as those with the law offices of Justice McMurray, P.C. know just what supporting evidence will be required by the SSA and can help prepare all documentation needed to lead to you receiving the benefits you deserve.
Meeting a Variety of Shifting Deadlines
In addition to specific factual and filing requirements, each set of applications, documents, evidence and more will have specific submission deadlines that must be adhered to. Failure to submit your evidence in your Social Security benefits claim within the proper amount of time can cause the evidence to be disregarded, weakening your claim or case. Likewise, appealing an initial rejection of Social Security disability benefits must happen within 60 days of rejection. This 60-day window, however, may have certain wiggle room when it comes to allowing time for mail deliver and for valid reasons for missing the date. An experienced disability lawyer knows these dates and guidelines like the back of their hand and can ensure your claim and supporting evidence is submitted on time, every time.
Professional Representation During the Appeals Process
Receiving notice that your claim for Social Security was denied can be an incredibly disheartening experience. Applicants for SSDI benefits should know, however, that the overwhelming majority of initial claims will be denied in the application process. This is only the beginning of the Social Security process and many who go on to one or more appeals will have success with obtaining an approval of their benefits claim.
Making Your Case with the Administrative Law Judge
The initial appeals process for a denial of application for Social Security Disability benefits is similar to the initial review. In this first-tier appeal level, applications are usually reviewed for major errors or the presence of new and overwhelmingly supportive medical evidence. In the absence of either of these items, most appeals for SSDI will be denied, but that doesn't mean you should give up your claim or case.
After denial of appeal, Social Security Disability claims can go on to be reviewed by an administrative law judge at a formal hearing, similar to a trial. Here, evidence will be presented and the applicant will be allowed to make a statement and otherwise make their case to a neutral and knowledgeable administrative law judge. Having legal representation during this process can not only make a difference in your case, it can also provide a sense of comfort and peace of mind knowing your best interests are represented at all times. Call the Law Offices of Justin McMurray, P.C. to find out how we can assist in your Social Security Disability Benefits claim or denial today.