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Reversing a Denied Disability Claim Determination

Reversing a denied disability claim determination

While there are several reasons why the Social Security Administration (SSA) might initially deny a claim, sometimes they just don’t understand the facts. With the help of a knowledgeable, experienced Social Security disability attorney, disabled claimants can sometimes successfully appeal their denial and win those benefits after all.

The Steps to Reversing a Denial Decision

We’ve already covered the requirements for injured Ohio residents to file a claim for disability benefits. However, the system doesn’t also allow Ohio residents to appeal a denied Ohio claim in Ohio. For that, you’ll have to follow the appeal procedures set out by the federal social security system.

1. Submit a Request for Reconsideration

Benefits are granted in 5 to 10 percent of appeal cases that submit a Request for Reconsideration after denial of the original claim. To ensure the reconsideration is as fair as possible, the Disability Determination Services (DDS) administration hires a new team of medical consultants and examiners to review the record with fresh eyes.

2. Request an Administrative Law Judge (ALJ) Hearing

If the reconsideration request is denied, your next step is to seek the input of an ALJ. These experienced attorneys work for the Office of Hearings Operations; their job is to review the facts of denied disability claims to determine if there are reasons to uphold or overturn those decisions.

Across the SSA disability agency, these ALJ’s reverse the underlying decision in as many as half the cases. If your attorney convinces the ALJ that your denial should be reversed, then you will be eligible to receive the benefits you are seeking.

3. Go to the Appeals Council

About half of all denied claims are also denied by the ALJ, too. The Appeals Council selects the cases it will review on a random basis. It can dismiss your case unless it finds that there was a legal or discretionary error at the previous levels; that there was no evidence supporting the ALJ denial; or that the prior review missed a policy or procedural issue.

4. Federal Court Review

If your case is denied at all levels, you still might be able to get your case heard by the Federal Court, at which time, hiring an attorney is strongly recommended.

Any kind of injury is distressing. Not receiving benefits while disabled due to an injury makes the situation even worse. Don’t pursue your Social security disability claim alone. With the help of the attorneys at Friedman Domiano & Smith, you might be able to reverse your SSA denial and begin receiving the benefits you deserve.

Last modified on August 11, 2018. Published by Friedman, Domiano & Smith Co., L.P.A.

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