Common Mistakes That Are Made After A Disability Application Was Denied

On behalf of Jeffrey Rabin of Jeffrey A. Rabin & Associates, Ltd. posted in General on Wednesday, July 27, 2016.

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A successful application for Social Security disability benefits is far from being a give. As a matter of fact, about three quarters of all applications for either SSDI or SSI are rejected. Often times, when rejection occurs applicants have made errors that are detrimental to their case. The following are common mistakes we see often in applications for Social Security disability benefits:

Failure to pursue the claim: There are many applicants that simply fail to pursue their claim once their initial application is denied. Perhaps they are not aware that there is an appeals process that they can take advantage of. Giving up is a mistake.

Although the applicant may not have had legal assistance when making the initial application they most certainly should hire a Social Security lawyer in Evanston at this stage. Although denial of initial claims runs as high as seventy-five percent, pursuing the claim through the appeals process has a good chance of being approved. The first appeal is to request a reconsideration of the decision; rarely does a claim get overturned at this stage. Once an application is denied at this stage the applicant and his or her attorney can file a retest for a hearing in front of an administrative law judge.

With proper preparation and a qualified attorney, the chances of winning are higher, about two thirds of previous denials are overturned.

Re-file instead of appealing: Some applicants, rather than pursue their claim through appeal will re-apply. The outcome of this action is fairly predictable, if the first application was denied, chances are the second application will be as well.

Filing a second or even a third application is a poor strategy. Those who go through to the appeals hearing are far more likely to be approved than those who make multiple applications, remember, all applications are reviewed by the same agency, if the agency denied the first application it’s not really logical to believe that a subsequent application will be approved.

Missing deadlines: There are many applicants that have every intention of appealing the decision to deny the application but, they miss a deadline. Applicants are given 60 days in which to appeal decisions made by Social Security. The appeals process can be very daunting and it is not unreasonable for an applicant to be unsure of what has to be done and how to go about it. This is one more excellent reason for relying on a Social Security attorney in Evanston, they know exactly what to do and they never miss important deadlines.

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