Disability Lawyers for Nampa, ID

Appealing Once You Have Been Denied

Social Security Disability lawyers for Nampa, Idaho
Nampa, ID – If you file an initial claim with the Social Security administration and are denied, you must decide whether to appeal or not. A large percent of people are denied at the initial level, so it could be to your benefit to go on. If you have questions or need help with your claim, you can contact one of our Social Security disability lawyers office for Nampa, ID. They can help you make the best decisions when it comes to your case.

Before you appeal, you should consider what your chances of winning are. There are a few factors you must take into account. First, how severe is your disability? It will probably be helpful for you to review Social Security’s Medical Listing. If your impairment matches one listed or is close in severity, you have a good chance of winning an appeal. When considering your disability, be sure that it’s going to last at least a year. Injuries like bone fractures often heal within a few months, so even though they may prevent you from working, you will not be approved for disability benefits. Sometimes injuries take longer to heal than expected, so if your injuries have lasted almost a year by the time you are ready to appeal, you could still win. Our disability lawyers can help you decide if appeal is right for you.

There are other factors that you must consider beyond your actual disability. The first is your age. Generally, the older you are the easier it is for you to get approved. This is especially true if you are over fifty. This doesn’t mean, however, that you can’t get approved if you are a younger person. If your symptoms are severe enough or match something in the Medical Listing, you could still win. Another thing Social Security looks at is your education. The more education you have, the less likely you are to get approved, simply because you are capable of doing more skilled work, which generally requires less physical capabilities. If you haven’t worked for a long time in the area that you were educated in, then your education might not affect your case.

You must also consider your work experience. If you can return to any past work or are capable of doing other relevant work, you will probably be denied.

Finally, consider if it is really in your best interest to appeal. Even if you could be approved Social Security disability, you could still be capable of doing part time work somewhere. The money you could make from such a job could exceed the disability benefits Social Security would give you. Would you be better off trying to find part time work somewhere?

Carefully consider all of these things when deciding whether or not you should appeal. However, don’t give up just because you were denied initially. Remember that sixty percent of people are denied in the initial claim. After the initial claim, and especially at the hearing level, your chances of winning go up significantly. Also remember that it doesn’t cost anything to file an appeal with the Social Security administration. If you think you have a chance, you might as well do it.

If you do decide to appeal, remember that you must do it within sixty days of when you received the notice. You must have a good reason if you wait more than sixty days, and you will have to explain that reason and request that the Social Security administration extends the time limit.
The first level of appeal—also known as the reconsideration—is the quickest step because your case will just be reviewed by a different medical consultant examiner. You will usually get a decision within a few weeks or, if your DDS office is very busy, a few months. If you are denied again, the next level of appeal takes quite a bit longer. It’s at this level that your case will go before an administrative law judge, and this could easily take a year or longer. If you get denied again, then the next step is a federal court. This also usually takes a year, but it could take up to several years. The good news is that most people get approved at the second level of appeal.

If you do decide to appeal, our Social Security disability lawyers are here to help – Click Here.

Originally posted 2013-07-19 04:04:38.