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My claim was denied. Do I need to file another application?

Sometimes, your Social Security disability claim is denied following your application. Your disability claim’s denial is likely due to a decision by the Social Security Administration in regards to your overall disability status; often they will make this decision based on a number of factors and will include a full description as to why your claim was denied. Among the factors that your claim could be denied for include possible forms of employment that you could still qualify for despite your medical condition.

If your Social Security disability claim is denied, there are still ways in which you can receive benefits. In fact, most cases are initially denied at a rate of 67%. The main reason a claim will be denied lies in the fact that there may not have been enough medical information to move forward with it. This gives the applicants the option to move forward with appealing their case, which should be done as soon as possible in order to quickly proceed through to the next step.

Rather than file another claim, there are several other ways to have your case reconsidered for review. The first step in appealing your case is referred to as Reconsideration, or Recon, and must be filed within 60 days of your initial disability claim. Another claim examiner will judge the case and make a decision; if this process leads to a favorable outcome for the claimant, they may receive a social security disability claim.

If your case for reconsideration is denied, an appeals hearing can follow the reconsideration review; again, it must be filed 60 days from the date of the initial denial for reconsideration. The appeals process will take place in front of an administrative law judge. The ALJ questions the applicant along with any others who can provide relevant information in regards to the case. Medical experts or vocational experts may also be consulted in regards to the case. A medical expert can provide clear information in regards to all medical information for the claimant. A vocational expert will offer testimony in regards to which disabilities might restrict a worker from doing a particular job. The ALJ will also look at any new evidence in regards to the medical status of the applicant. During this hearing, it is recommended to have an attorney present as they may help in granting you a stronger case.

The third level of appealing your case is when your case is reviewed by an Appeals Council. The council’s job is to examine the judge’s decision and review it for errors, such as failure to consider certain medical information that was relevant at the time of the hearing. If all of these attempts at appealing your case still result in the denial of your request, the applicant has the final option to file a claim in federal court. Again, it is important to have an attorney present in this step as it will greatly improve your chances of reversing the denial.

Knoxville Family Law Attorney