Just like with anything else in life, an application for social security disability benefits may receive a denial on the first try. When your Milwaukee, Wisconsin application for benefits receives a denial, it does not mean that you do not have a physical or mental issue preventing you from working a full-time job. The reality is that most claims for social security disability benefits do not receive approval on the applicant’s first try. The Social Security Administration has a lengthy appeals process which will give you the opportunity to dispute a negative decision.
An individual has the right to appeal the Social Security Administration’s decision if you receive a denial of your request for benefits, if your benefit amount changes, terminates, or if you feel your benefit amount is less than what you should receive. Since disability benefits can be vital to you being able to provide for yourself, you should hire an experienced social security claim attorney to help you file an appeal. You will need someone that knows and understands the appeals process as well as the law to represent your rights. An experienced social security disability claim lawyer will be able to file all the necessary paperwork on your behalf and can answer any questions you may have about how long the process will take and what you can expect.
Possible Reasons for Social Security Disability Denials in Milwaukee, Wisconsin
If you live in Milwaukee, Wisconsin and you got a denial letter for your request of social security disability, it could be due to the following:
- Your disability is not serious, or it is not expected to for 12 months or longer
- You can still perform your job duties, or there is other work available for you
- Your disability is due to drug or alcohol abuse and addiction
- You did not submit enough medical evidence to support your claim
- You did not follow your treatment plan, or you did not cooperate with medical personnel
- You found employment prior to proving you have a disability
After you receive a denial of your claim for benefits, you have the option to request a reconsideration of your claim. A reconsideration is just what it sounds like; you are simply asking for your claim to be looked at one more time. You should consult with an attorney to have them assist you in filing a request for a reconsideration of your request of benefits in Milwaukee, Wisconsin. An individual can make the mistake of filing a new claim for social security disability benefits when it is only necessary to request a reconsideration of the request. A lawyer will be able to explain the difference to you and let you know the best option for your claim.
What Will I Need to Submit for My Social Security Disability Reconsideration?
The best way to challenge a denial of a disability claim is to request a reconsideration review and submit new evidence disputing the Social Security Administration’s findings. You will need more than a note from your physician indicating you are unable to work because you are disabled. A doctor will need to write a statement with medical evidence attached as to why you are disabled and unable to work. The note from your doctor should include:
- Your detailed medical history
- All lab results supporting the disability
- Clinical findings supporting the disability
- Your medical diagnosis
- Your medical treatment plan along with detailed information about your response to the treatment and your prognosis
It is also important that your doctor include a statement about your ability to do work-related tasks like walking, standing, sitting, lifting, speaking, hearing, and handling various objects. Your physician should also include what tasks you are able to perform to support your request for benefits. If your issue is due to a mental disability, your doctor must include information about whether or not you can understand, remember, perform various duties, and if you will be able to respond to supervisors and others in the workplace.
How Long Do I Have to File a Request for Reconsideration?
You will have 60 days from the date you receive the decision from the Social Security Administration to file a request for reconsideration of your social security disability claim. The SSA office assumes you receive their denial letter five days after the date of the letter unless you can show documentation you receive it at a later time. If you wait too long to request reconsideration, it will most likely be denied, and you will have to start from the beginning and file a new claim. An attorney can help you file your request and make sure you meet the specified time period.
How Can an Attorney Help Me with My Reconsideration?
If you or a loved one receives a denial of your request for social security disability benefits, an experienced social security disability attorney can help you file for a reconsideration review and attend the court proceedings with you as your representative. An experienced disability claim lawyer will be able to make sure you have the appropriate information to support your claim of disability and ensure you meet all filing deadlines. Hiring an experienced disability claim attorney will give you the best possible representation for your case as you will have someone working with you and for you to make sure you claim receives the consideration it needs to gain approval for benefits.
Call Tabak Law for Assistance with Your Social Security Disability Claim
If you live in the Milwaukee, Wisconsin area and need to file for social security disability benefits, call Tabak Law today so that our experienced disability claim lawyers can help you with your disability claim. We understand how the social security disability claims process works and will work hard to get you the benefits you deserve. Our experienced disability claim lawyers are available to answer all your questions about the necessary documentation, the length of the process, and how to proceed with your case. We are here to help you through the difficult process of requesting social security disability benefits. Call our office today so you can discuss your case with a skilled disability claim lawyer. Our disability claim lawyers can help you get the benefits you deserve.