Many people are of the opinion that because they have paid FICA taxes for years that they will automatically receive benefits in the event they become disabled; unfortunately this is not the case. Statistics indicate that less than 35 percent of all initial applications for Social Security disability benefits are denied.
There are many reasons cited, there are applicants whose income is beyond the limit, there are many that apply who have a disability that is not expected to last at least 12 months. Regardless of the reason they are given, those who are denied benefits are given the opportunity to hire a disability lawyer in Tennessee and appeal. Although it is not necessary to be represented by a lawyer, the appeals process is complex and representation often makes the difference between success and failure.
Levels of appeal:
* Review of the original application: The first step is to request that your original application be reconsidered; you have 60 days in which to do this. Although the review is done by a different person rarely does it result in a reversal of the original decision.
* Hearing: If you wish to continue the appeals process the next stage is to request a hearing in the presence of an Administrative Law Judge. It is at this stage that a disability lawyer in Tennessee can give you a big advantage. Prior to the hearing you will be given the opportunity to update your medical records. During the hearing you will be asked questions, often by experts in the field. You are your lawyer can also pose questions. It is after the hearing stage that many of those that were initially denied benefits are approved.
If you fail to get approval as a result of the hearing you can pursue the case by requesting a further review by the appeals council, if all else fails you and your lawyer can file a lawsuit in Federal court.
If you are suffering from a physical or mental disability you can apply for benefits from Social Security. To discuss your situation in detail you are invited to contact the Law Offices of Miller & Drozdowski, P.C. Like us on our facebook page.
