Claiming SSD coverage can be a difficult process in its own right, and even then, the claim can still be denied. An SSD claim denied appeal is best carried out with help from an experienced attorney. Thomas J. Ueberschaer, P.A. has the know-how to protect your rights throughout the appeal process. Take a closer look at how the appeal process works and discover what to look out for.
Understanding the Denial Letter
You will receive written notice when your claim is denied, known as the denial letter. Legally, this letter must detail the specific reason why your claim was denied. Working with a lawyer can help pinpoint the exact reasons why your claim was denied and how those issues can be specifically addressed in your appeal.
Gathering New Evidence
One of the most common reasons for SSD claim denial is insufficient evidence. By working with a lawyer, you can collect relevant documents and evidence to demonstrate the accuracy of your claim upon appeal. The most common documents used as evidence include medical records and doctor’s statements. A lawyer can help gather and organize all these documents and work with your doctor to help with the phrasing of your condition to demonstrate how it affects your ability to work and function.
Requesting Reconsideration
To request reconsideration for your claim, you will have to complete a relatively straightforward process. First, you must submit Form SSA-561, which is the Request for Reconsideration. Additionally, you will need to provide the following:
- A Reconsideration Disability Report
- An Authorization to Disclose Information to the SSA
- Missing medical records and evidence
- Your statement in writing that you intend to file an appeal
It’s important to remember that you have 60 days from the date you receive notice of your denial to file an appeal. Processing your initial claim likely took six to eight months, so your time to file an appeal is significantly shorter. Working with Thomas J. Ueberschaer, P.A., our team can ensure you submit all the necessary forms and documentation on time.
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Ask Tom Today!Preparing for the Appeal Hearing
An appeal hearing is a standard part of the appeal process, so you would benefit from knowing what to expect. The hearing must be attended in person. This occurs most often in a conference room before an administrative law judge. During the hearing, you will be asked questions regarding your ability to perform daily self-care and tasks for your job. By working with a disability lawyer, you can confidently prepare for these questions and have a representative there to fight on your behalf.
Understanding the Different Appeal Levels
The SSD appeal process has four distinct stages.
- Reconsideration
- Administrative Law Judge Hearing
- Appeals Council Review
- Federal Court Review
Each appeal level operates a bit differently, but Thomas J. Ueberschaer, P.A. can help you navigate each depending on how far your case goes. With our experience, we are willing to take it to federal court for review if necessary.
Seeking Legal Assistance
The appeals process can be overwhelming for those who do not have experience in legal matters, but Thomas J. Ueberschaer, P.A. takes on the hard parts for you. Our team can help you navigate the process, gather evidence and even represent you during hearings.
Maintaining Communication With Your Attorney
Communication with your attorney should be a continuous process, as Thomas J. Ueberschaer, P.A. can better advocate for your case by understanding the latest changes. The more coherent and compelling your appeal is, the more likely it is to find success. Given the lengthy process, it is essential to maintain patience. Our team won’t give up on you, so you shouldn’t give up either.
Contact Thomas J. Ueberschaer, P.A.
Contact our team at Thomas J. Ueberschaer, P.A., for a free consultation to discuss your situation. We work on a contingency fee policy, so you won’t owe us anything unless we win your case. Contact us today to schedule your free case review.