Sunday, January 27, 2008

Appeal Your Social Security Insurance Claims with a Social Security Disability Lawyer

Appeal Your Social Security Insurance Claims with an SSD Lawyer
by Jinky Belle Abelardo

If Social Security disability insurance was formed to give the old aged, the deceased, the retired, and the disabled their insurance benefits, well, the Social security insurance claim lawyers are concerned with helping individuals who have been previously rejected, in getting such benefits.



Social Security Insurance (SSI) claim lawyers help people under Social Security Benefits, avoid rejection of their application, and increase their chances of earning an approval.



An individual’s medical condition is subject to evaluation and review. It should meet the Social Security Administration’s definition of disabled.



However, their definition is complex. The Social Security Administration (SSA) may question a person’s eligibility for Social Security Disability Insurance if they believe that a claimant is still capable of performing his work, or another work with his health condition.



When a social security insurance claim is turned down, a claimant shall have a right to a hearing in front of the Office of Disability Adjudication and Review. A person has the right to question the result made on his/her claim. If he/she disagrees with the decision, he/she can file an appeal for reconsideration.



Most claims are denied at the initial level, but can be approved at higher levels of review. So don’t be discouraged when your first application is rejected. Gather yourself up and continue on appealing.



There are four levels of appeal. When one is not pleased with the first result, he/she can move on to the next. Here are the appeals in their consecutive order:



1. Reconsideration



2. Hearing



3. Appeals County Review



4. Federal Court



When can a person file an appeal? There is a time limit given in filing an appeal. When the court has sent a letter stating their decision on your claim, they shall give you sixty days after receiving the letter to file for reconsideration.



If you do not make an appeal within the sixty-day time limit, your right to make an appeal may be waived, and the court’s decision could be final. Unless you can give a valid reason for the delay, the court will no longer grant you the right to reconsideration.



When you file an appeal, you possess the right to representation. You may choose to have someone speak or act on your behalf. Your representative could be a lawyer or someone who is familiar with the Social Security program.



Nevertheless, it would be best to be represented by a lawyer who can argue your case through his extensive experience and adept skills. Statistically, claimants who are represented with a Social Security Insurance lawyer are more likely to win with their claims, compared to the ones who do not have legal representation.



If after reconsideration, you are still not happy with the decision, then you may proceed with a hearing. An administrative law judge shall be the one to conduct this hearing. You and your representative should come and explain yourselves in person.



If after this, you disagree with the judge’s decision, you may arrange for a review by the Appeal’s Council. The Appeal’s Council may either deny your request, or decide to review your case. If they perform the latter, they may choose to return your case to an administrative judge or decide on the case themselves.



If in this appeal and your claim are still rejected, you may file a lawsuit in the Federal Court.



In all these levels of appeal, having a lawyer to represent you is of prime importance if you wish to increase your chances of getting the benefits you deserve.



It is important to employ an attorney who can help you understand the legal issues and the proceedings of the case.



Social Security Disability Insurance could be very helpful to a disabled person. If you are one of these persons who are convinced that you cannot engage in a productive activity for a long while and if you believe that, your medical condition prevents you to do so, then seek a social security insurance claim lawyer immediately and ask for assistance in filing your claims.


Seek the expert assistance of Social security insurance claim lawyers when appealing your denied social security disability insurance claim.



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