Filing for Social Security Disability and What to Do in the Case of a Refusal

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Filing for disability can be quite technical when it all comes down to it because h handful of the people in the government will make an effort to find any reason to not allow disability payments to be granted to a person. Disabled people can be refused disability payments if legislation dictates that they do not have sufficient reasons to be paid. However, if one recognizes that disability should be paid to them, they should hire a legal attorney to go through the details of their case and present them in a court of law.

When Should You Apply for Reconsideration?

It is imperative that if you genuinely have a disability that you hire a lawyer and ask them to handle your disability case. This step requires a reconsideration process that has to be done by an examiner who wasn’t present at the previous examination. This examination should be done within 60 days of the denial, otherwise, it may lie in the favor of the government and you may be denied disability again. 

Apart from that, it is also important that the disability either be recurring or they might think it is a one time issue and you won’t  you get paid the disability amount from the government. It is not easy to prove disability and you will have to hire a proper lawyer to be able to state your case.

Why is a Disability Hearing Important?

A disability hearing is an important step in the process that you will have to go through if you want your disability payment to be approved by the government. This hearing will be held within 60 days after you have initially been denied the disability. Not everyone is going to have their disability approved even after the hearing and you should keep that in mind before diving in head first. 

There are a few elements that you should keep in mind regarding the hearing. To start, you must remember that this is an informal hearing and you are going to present your case in front of an Administrative Law Judge. This judge will ask your health professional to be present to give a testimony on your behalf. This health professional will state all the reasons why you should be approved for disability and why it is in the favor of your health. 

During this period, you will also get ample time to give the reasoning for your receiving disability payments and the opportunity to clear up any issues that may be leading to your denial. You will receive the decision of the judge between 30 to 120 days after this and there is still a chance that you may be refused disability.

Requesting a Review

In addition to a hearing, if you are still refused disability, you may have to request a review in a court of law. In the review, there could be one of three outcomes; overturning of the decision, affirmation of the judge’s decision, and finally, it could be such that the decision is sent out for further review. 

Why You Should Hire a Lawyer?

According to Jan Dils from Jan Dils Attorneys at Law, there are quite a few complexities in a disability case and only a professional will be able to decipher why your case may not be ruled in your favor. A lawyer will gather all of the evidence and make sure that you do not have to deal with disappointment of losing again.

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