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Can I appeal a denied claim for Social Security disability?

If you have been denied Social Security disability, you may wonder what options you have and what appeal options may be available. It is important for disabled individuals applying for SSD benefits to keep in mind that the majority of applications for Social Security disability are initially denied. If your claim for disability benefits has been denied, you are able to appeal through a process called a request for reconsideration of the decision to deny the claim which is the first part of the Social Security disability appeals process.

During the request for reconsideration process, the entire claim for SSD benefits is reviewed again. Common reasons that claims for SSD benefits are denied include that the medical condition the applicant suffers from is not severe or is not expected to last 12 months or longer; the applicant did not provide sufficient medical evidence to support the claim for disability; the applicant is able to perform their usual type of work or another type of work; or the claim may be denied for several other reasons.

In addition to a review of the original claim, the applicant for disability is able to provide addition evidence and information during the appeals process. The applicant may wish to provide a detailed letter from their doctor stating the applicant's medical history; clinical findings of the applicant's medical condition; laboratory findings of the client's medical condition; the applicant's medical diagnosis; and the medical treatment the applicant has been prescribed along with their prognosis. The doctor should also provide information related to your ability to perform tasks related to work whether they are physical or mental.

In general, applicants who have been denied SSD benefits have 60 days to appeal the decision and there are three additional levels of appeal the applicant should be aware of if the applicant's claim is again denied upon reconsideration. Because important paperwork and deadlines are involved in appeal a denied claim for Social Security disability benefits, it is essential to thoroughly understand the appeals process when applying for benefits.

Source: Socialsecurity.findlaw.com, "Disability Reconsideration: Appealing a Denied Claim," Accessed Aug. 10, 2016

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Philip J. Fulton Law OfficeRepresenting Victims Of Workplace Injuries And Disability

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Columbus, OH 43215

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