How to Appeal a disability denial

March 3, 2021 in

If you are denied social security disability benefits, do not lose hope.

The majority of people who file for social security disability insurance are denied after their initial application. In fact, the statistics are that only approximately 30% of applications are approved with the initial request. There are a lot of reasons why your application may be denied. You could have lacked sufficient medical evidence, maybe you are currently working? Or maybe it is because the system is difficult to navigate in general. Whatever the reason you were denied, if you did not have experienced legal counsel on your side, you should seek help immediately. Trying to obtain government benefits without an experienced attorney helping you along the way is like crossing your fingers and hoping the government is going to process your claim as diligently and zealously as you would like. If it were me, I would not leave my financial and health future in the hands of the government alone.

The disability system was set up so that individuals who are struggling to work would likely not have the financial means to obtain legal representation. At the LaBovick Law Group, we recognize that financial difficulty. We know you are unable to pay an attorney’s hourly wage or a retainer fee upfront. That is why our fees are contingency-based. Meaning, we only get paid if we are able to win you disability benefits. Because there are no upfront costs there is no reason not to hire an experienced disability attorney to help with your disability claim.

With a disability attorney on your side, appealing your recent denial will give you the best chance of winning your case. There is one exception in that if your denial was based on technical reasons then appealing the technical denial is not the right option. But if your case was denied due to medical reasons you should first obtain an experienced disability attorney who will then take the lead and file an appeal in your case.

When an appeal is filed this is called appealing to the reconsideration stage. At the reconsideration stage, social security will re-look at your claim for benefits to determine if they made a mistake in their decision. The most common reason a case will be denied is due to a lack of medical evidence. This may be because enough time has not passed for there to be a proper medical trial. Or it could be because you lack medical evidence. In either situation, an experienced attorney can help guide you in the right direction.

The most important thing to have in your case is medical evidence documenting the severity of your disability. The best claims have a number of medical providers, a long treatment history showing continued attempts to treat your conditions without benefit. Here are two examples of disability claims. The first individual submitting a claim for disability benefits suffers from lower back pain. He lacks health insurance and thus has been unable to see a doctor. He developed this back pain several years ago, has been to the emergency room a handful of times, has had one x-ray done and takes over-the-counter medications. The second individual has the same complaints of lower back pain, developing several years ago. The difference for the second individual is that he went to his primary care doctor complaining about back pain. The primary care doctor then referred him to physical therapy along with obtaining an MRI of his lower back. After 12 weeks of physical therapy, the individual’s back pain still persisted so the primary care provider sent the individual to an orthopedist. The orthopedic doctor, or back specialist, reviewed the individual’s imaging along with the failure of physical therapy and then referred him to a pain management doctor. The pain management doctor performed several injections to the lumbar spine and prescribed a multitude of pain medication, all without lasting benefit. The individual was then returned to the orthopedist who determined since he failed conservative treatment, he was now a surgical candidate.

There is clearly a stark difference here between individual #1’s claim and individual #2’s claim. While both people may have similar back pain, they very obviously have had a different medical course with largely contrasting medical evidence to support their allegations of pain. Individual #2 will have a better chance of proving he is disabled before the social security administration since he has exhausted all conservative treatment and is now a surgical candidate. It is very important to make sure you are being treated for your medical conditions. Even if you lack health insurance steps must be taken to receive care from a free or low-cost clinic in your area or even multiple attempts to the emergency room. Social security will not take your word regarding your allegations of pain and restrictions. They need medical evidence supporting those allegations.

Another common reason your claim was denied may be based upon the paperwork and information you provided to social security. You may have received a number of forms. If you are not filling those forms out indicating your limitations, social security will take your statements at face value and use your words to deny your claim.

There are a lot of ways to build up your claim for disability benefits. That is where hiring an experienced attorney will come into play. Applying for Social Security Disability benefits is not a quick and easy task. It usually takes several denials, appeals, and a hearing before a final decision can be made. When you hire an SSD attorney you relieve yourself of the stress and headaches of dealing with SSA, worrying about time frames to appeal denials, and completing all of the paperwork that goes along with denial. At the LaBovick Law Group, we have won thousands of disability claims. We will guide you through this process from the very beginning to end, no matter what stage of application you are in.

Call us today at (561) 623-3681 so we can help you win the benefits you deserve.

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