If your Social Security Disability Claim is denied you should consider filing an Appeal.
Most applications are initially declined, don’t be discouraged and give up. Fight for your claim. The important thing is to understand what you should do NOW.
The Social Security Administration denies most claims the first time they are filed. Many people believe it is an SSA policy to deny all initial claims. Fortunately, that is just a myth. However, it is a fact that as many as 75% of initial applications are denied in Texas. . If your application has denied, it is important to keep in mind that the best approach is not to simply re-apply. If you do that, the same people and the same system that reviewed your claim application the first time will deny it the second time for the same reasons. The best course of action is to appeal.
Contact a Social Security disability lawyer at 512-454-4000 for a free consultation and see if you can win your denied disability benefits. Don’t give up, most are denied initially.
There are many common reasons why initial claims are denied.
Lack of sufficient and current medical records, inconsistencies between the medical record and the application, and missed deadlines are among the most common reasons claims are denied. One of the most common reasons claims are denied is that the relation between the injury and the applicants functional ability is absent in the medical record. The medical record may show complaints of pain, but without any documented evaluation on how that pain affects work performance- can the claim applicant still walk, stand, lift weight, etc… that information does little to validate a claim. If you are applying for disability, you should keep this in mind when you go to your doctor to be evaluated. Request that your physician document the extent of your disability.
If you are appealing your case, it is advisable to hire professional representation.
An experienced disability lawyer will have experience handling these matters. A judge is looking for evidence that meets certain criteria; there are strict rules for Administrative Law Judges about what exactly you need to present in order for your claim to be approved. An attorney will know what needs to be said and what to emphasize in order to present your case in the most favorable light. It will benefit any applicant to study the law as much as they can and understand the complexities of the determination process. However, you are typically better off having a professional present your claim.
Applying for disability is a difficult process that requires patience and persistence.
Social Security Disability applicants frequently face long frustrating delays and unfavorable decisions. In general it takes around 90 days from the day you apply until you know if you have been approved. It can take a year or longer if you have to appeal; fortunately, it is likely you will be awarded back pay for that time period.