In certain circumstances, the Social Security Administration can inexplicably come to the conclusion that you don’t qualify for Social Security Disability benefits. Often, you’ll be sent a letter informing you of their sudden decision. You may choose to accept their decision, or you may opt to fight it. If you choose the latter, the best way for you to fight is to appeal the decision.
Before you appeal, there are five questions that you need to answer:
- Can you physically and mentally complete the paperwork required in the process and prepare your claim for hearing?
- Can you commit a significant amount of your time to the appeal?
- If you win, are you willing to share a part of your past due benefits to the lawyer that represented you?
- Did your medical condition improve enough to let you do some work?
- In your letter from the SSA, are there any inconsistencies and irregularities that you can challenge?
If your answer is yes to all these questions, it can make sense for you to appeal your denial. It’s worth noting that appealing a denied Social Security disability benefits claim has a fairly good chance of winning at the hearing stage. The key here is to point out any mistake that the SSA may have committed which resulted in the denial of your benefits. For instance, if your impairment obviously qualifies under the Listing of Impairments, then your denial is clearly a huge mistake or misunderstanding.
Age can be a huge determining factor in winning your appeal. Older people naturally have a better chance of getting benefits, but younger claimants may still be qualified if they have a very severe disability. If you want to increase your chance of winning an appeal, hiring a Social Security Disability lawyer can be the best move you make.
Source:
Social Security Disability: Deciding Whether to Appeal a Denied Claim, Nolo.com
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