The majority of applicants for supplemental security income (SSI) and SSDI are denied during the initial claim phase. In 2022, the Social Security Administration reported it denied more than 75 percent of initial claims based on medical reasons. More were denied for technical issues. While you have the right to appeal a denial, and many people who are initially denied do go on to win approval on appeal, it’s best to ensure your initial claim is supported by strong evidence. This can increase your chances of winning your claim in the initial phase.
Your advocate or attorney for Social Security benefits can file your claim for you. They can help you gather all of the supporting medical evidence and ensure everything is filled out correctly. When you have a lawyer from the start, they can work to maximize your chances of approval. Your advocate or attorney should know the types of information and documentation you’ll need to provide to the Social Security Administration to eliminate unnecessary delays and reduce your risk of being denied.
Most applicants are initially denied, but many are later approved for SSDI benefits during the appeals process. Preparing to appeal your SSDI claim denial is critical. Many cases involve several levels of appeal, and each has strict deadlines you must follow. If you miss a deadline, you can be forced to restart the application process. Your lawyer will know about the deadlines and ensure your appeals are filed within them. They can also look over your denial letter to see the reasons why your initial claim was denied and help you gather additional evidence to support your claim on appeal.
Your SSDI claim must be supported with extensive evidence about your condition and how it impacts your ability to work. When you have a lawyer, they can help you obtain records from every doctor’s office and hospital where you have received treatment. You’ll also need to make sure to attend all appointments even if you feel like giving up. If you fail to continue treatment, it will be much harder to get approved for benefits. Your advocate or attorney might also work with you to identify other types of evidence to support your claim, including witnesses and evidence from your previous jobs.
Your appeal will be held in front of an administrative law judge (ALJ), a judge who serves outside of the SSA. The ALJ will review the evidence and documentation you submit and talk to you about your claim and your disability. Your advocate or attorney will talk to you and help you prepare for the hearing and the questions you may be asked. At the hearing, your lawyer will ask you questions to help you provide persuasive testimony to support your claim.
At your hearing, your lawyer will also make an opening statement before your questions to help persuade the ALJ. They will call experts who can support your case such as a vocational expert or doctor. ALJs frequently rely on the opinions of experts when making their decisions, so having a lawyer ask them questions effectively is critical.
Social Security Disability claims involve the analysis of multiple laws and case decisions. This will become increasingly important as your case proceeds and can become more complex. If your case is appealed to the federal court level, your advocate or attorney will need to write a legal brief to submit to the court. These must meet strict requirements and be fully supported by laws and controlling decisions.
If you are preparing to apply for SSDI benefits, contact Ellis & Associates to talk to an experienced advocate or attorney for Social Security benefits. We offer free consultations and can provide you with an honest assessment of your case. Call us today at 800-MR-ELLIS or send us a message online.
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