Millions of U.S. citizens file applications for social security disability benefits each year. However, 70% of these SSD applications are denied by SSA. If your application for SSD benefits has been turned down, you have two options at your disposal: request for reconsideration or a disability hearing.
Request For Reconsideration
Just like the decision for the initial disability claim lies with a disability claims examiner, so is the first appeal. You can file the reconsideration online or contact a local social security office and request for paper forms to be mailed to you. However, it is easier for you if a social security disability lawyer files the appeal.
A reconsideration appeal needs to be filed within a period of 60 days from the time the disability application was denied. If the appeal is not received within this statutory limitation period, you will have to file a new application.
The factors considered during a reconsideration appeal are the same as those used in the initial application. This means that if the medical evidence is not enough to make a decision based on the disability listing, then the claims examiner will use the evidence together with your work history information to decide whether you are capable of returning to gainful and substantial paid employment.
Since the process of reconsideration is the same as that of an initial application, these appeals are often denied. A decision on this appeal is received more quickly because most of the case development has already been completed in the initial application. However, with an experienced and aggressive attorney, there is a likelihood that your reconsideration appeal will not be denied.
Disability Hearing
If the appeal is rejected, your social security disability lawyer will file a second appeal for a disability hearing. This is also called a request for hearing before an administrative law judge.
To request a hearing, your lawyer will contact the social security office and ask that the appeal forms be mailed to you. Like the reconsideration, a hearing request can also be done online.
The hearing of an SSD claim takes longer than a reconsideration appeal. This is mainly because of the time it takes to organize a hearing. The time it takes will depend on your particular location in Texas and the hearing office that will receive your appeal. Typically, it may take anywhere between 11-18 months to get a hearing date.
By the time a hearing is scheduled, all the medical evidence used in previous applications will be out of date. Therefore, your lawyer will have to request for current medical evidence from your doctor to prove that you are currently disabled. However, the old records will be used as evidence of the history of your disability.
Your attorney should also obtain a statement from your doctor to support your case. These statements provide information that is not explicitly stated in the medical records and are very valuable in helping you win the case.
A Texas disability hearing can last anywhere between 10 minutes to half an hour. However, there is no way of telling how soon you will receive a verdict. Sometimes applicants receive a verdict within 30 days while in other cases, the verdict may be delivered after months because the judge is waiting for outstanding medical evidence, or because there is a backlog at the judge’s office. Your social security disability attorney can keep the judge on their toes by occasionally performing status follow-ups.
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