Following a denial for Social Security disability benefits, you have the choice of filing an appeal. During the appeal, every aspect of your claim will come under close scrutiny, and one mistake could result in the Social Security Administration, or SSA, deciding to uphold the original decision. To help you avoid damaging your claim, here are some of the most common mistakes made in disability appeals that you should avoid.
Filing a New Claim
One of the biggest mistakes you can make after receiving a denial for your disability claim is to file an entirely new claim. When you file a new claim, it is processed much in the same manner as the original. A caseworker will review the claim, assess it according to the SSA's standards, and make a decision. There is a good chance your claim could be denied again.
By contrast, if you file an appeal, the claim is reconsidered by the SSA. A reconsideration basically undergoes the same process as the original claim, but there is an upside to another denial. If the claim is denied, you are at the point in the appeals process in which you can request a hearing.
The process used in disability hearing to evaluate claims differs from those by the SSA. In a disability hearing, you can have an attorney present to present your case. The case is also heard by an administrative law judge. You also can present far more evidence, including witness testimonies, to the judge. As a result, you could have a better chance of having your claim approved.
Failing to Continue Medical Treatment
Another commonly made mistake by applicants is not continuing with medical treatment. Remember, your claim is built on the idea that you are physically or mentally impaired and cannot work due to it. If you do not continue receiving treatment, the SSA could use the failure to get treatment to claim you are not as impaired as you claim.
If you have not continued to get treatment, get a medical evaluation as soon as possible. If you are having trouble paying for the care, reach out to one of the local charitable organizations in your area to request help. Organizations, such as Goodwill and Salvation Army, have partnerships in communities to help provide medical assistance to low-income households.
You can also apply for Medicaid. If your income meets the standards set by the federal government, you could potentially qualify for benefits.
For more information and assistance with appealing your Social Security Disability benefit denial, talk with a long term disability attorney.Share
17 May 2016
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