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Social Security Disability Appeals

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Social Security Disability Appeals Attorney in Hampton

Applying for disability benefits through the Social Security Administration can be a disheartening process, and it often results in a denial of benefits. In fact, according to a report compiled by the Social Security Administration, between 2001 and 2010, an average of 72 percent of all initial claims for disability benefits were denied by the agency.

Given that only about one-third of initial SSDI claims are approved, applicants should not be at all surprised if their claim is denied. However, it is important to know that you can appeal the SSA’s decision. Countless applicants miss out on benefits that they may be entitled to receive simply because they did not follow through with the appeals process.

 The SSDI Appeal Process

When your claim is denied, the Social Security Administration should send you a denial notice. This notice will contain a short description of your case and a brief explanation of why your claim was denied.

Many people think that they should simply start the application process over if they receive a denial, but filing an appeal is usually the better option. Below is a brief discussion of the steps you should take to appeal the denial of your disability benefits. Consulting with a well-informed Virginia social security disability attorney can help increase the likelihood of success upon appeal and can help ensure that you file the necessary documentation by the required deadlines.

  1. File a Request for Reconsideration – A Request for Reconsideration is an official Social Security Administration form. The details and deadlines for filing this request will be included in the denial notice. Importantly, applicants have only 60 days to file a Request for Reconsideration, so it is important to act quickly.
  2. Request Administrative Law Judge Hearing – If your claim was denied after you requested reconsideration, as many are, you can file a request for a hearing with an Administrative Law Judge. According to commonly published statistics, about half of claimants who go to a hearing win their cases.
  3. Social Security Appeals Council – The function of the Social Security Appeals Council is to review decisions made by the Administrative Law Judge. If your claim was denied at the prior hearing, you can appeal the decision to this council. If you reach the Social Security Appeals Council and your claim is still denied, you do have the right to appeal the decision in federal court.

How a Virginia SSDI Attorney Can Help

At Hampton Injury Law, we understand the financial pressure you may be under in the absence of receiving benefits. If your claim has been denied, do not panic. Social Security disability applications can be a long and complex process, but you do not have to go through it alone. Our team has years of experience representing clients at all stages of their SSDI claims. 

If you have received a disability benefits denial and want to learn more about your options, contact our knowledgeable Social Security disability attorneys today. We represent clients throughout the Hampton Roads area and will guide you through the complex and detailed process of appealing your claim.

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