Gardberg & Kemmerly, P.C. Attorneys at Law

Resources when a claim for Social Security disability is denied

It is not uncommon for a claim for Social Security disability benefits to be denied which is why it is essential for disabled individuals to be familiar with their appeals rights and options. Initial applications for

Social Security disability are fairly routinely denied so disabled individuals should keep in mind not to take no for an answer and understand how to respond to a denied claim for benefits.

There are essentially four potential phases, or levels, of appeal when Social Security disability benefits have been denied. The first Social Security disability appeals option is the request for reconsideration. During a request for reconsideration, fresh eyes evaluate the initial claim for disability benefits. It is important to ensure all the disabled individual's medical records are included as part of the review process.

If the application remains denied following the request for reconsideration, the next step is a hearing before an administration law judge. It is important for the disabled individual to be prepared for what to expect during the hearing. Next, the disabled individual can request a review by the Social Security Administration Appeals Council followed by the right to appeal their claim for benefits to federal court if it has been denied and remains denied throughout the appeals process.

Because there are several steps along the path to appealing a denied claim for Social Security disability benefits, it can be helpful for disabled individuals and their families to be familiar with the journey they are about to potentially embark on when applying for disability benefits and to understand their rights associated with that process. Knowing how to submit the strongest initial application for disability benefits, and assert their appeals rights when necessary, is vital for disabled individuals and their families when seeking benefits.

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