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How to Prepare for Your Disability Appeal

If you were recently denied for SSDI, you’re one of many. The WI Social Security Office rejects most disability claims. One rejection doesn’t mean you’re out of options though. There is an appeals process, and you should prepare for it right away. The first phase of an appeal is the request for reconsideration. A disability law attorney can help you place this request on-time with attention to accurately addressing the initial denial.

Understand Why They Denied Your Claim

There are a few primary reasons why the S.S. office rejects disability claims, including:

  • Inadequately disabled
  • Working part-time during the claim period
  • Did not take advantage of follow-up care
  • Unable to show that the disability is a long term impairment

For many people though there were problems presenting evidence to show the extent of their disability. You can go through an appeal process, to show that your disability impacts your ability to work.

Gathering Evidence

Through the initial application phase, you should have brought together the evidence that proves you have a disability. For most cases this includes:

  • Medical documentation of a diagnosis
  • Documentation of symptoms
  • Medical treatment plans
  • Explanation of how the disability impacted daily job performance
  • Explanation of how the disability resulted in unemployment

Any disability law attorney will explain that the more evidence there is the strong chances of a favorable outcome. Gathering evidence doesn’t just rely on bringing together a bunch of papers though.

When putting together evidence for an appeal, you must use advanced problem-solving skills. Assess how you can present the evidence that addresses any concerns from your application.

For example, do you believe they rejected your application because you were not adequately disabled? If so, present your documentation in a way that showcases your inability to return to work.

Special Requests

A lawyer may feel more comfortable making special requests. Doctor’s offices often provide a massive amount of paper evidence for disability claims. What most people don’t request though is an SSA RFC Assessment form.

The RFC Assessment form is a long form, about eight pages, that a doctor completes saying that they support your claim. Many patients hesitate to ask for this or get brushed off to the administrative staff.

Attorneys make these requests often and can make time to follow up on outstanding requests like this. Of course, you can always make this request yourself and follow up as necessary as well.

Submitting Your Appeal On Time

Hiring a disability law attorney can help you make sure that everything runs smoothly and goes out on time. Failing to request your appeal on time will result in denial, and it may stop all further appeals options.

After you receive notice of denial for your initial claim you have 60 days to submit an appeal. You must submit it in writing on an SSA 561 U2 form. It is critical that you submit your Request for Reconsideration in writing, and on the appropriate form.

The Social Security office denies many appeal requests because they weren’t filed correctly. A lawyer is a huge help in this process as they know what each form needs. Incorrect or incomplete forms are also subject to immediate denial.

The appeals process can take months or even years if you cycle through submitting multiple, incomplete forms.

Do You Need A Disability Law Attorney?

Although many people submit their claims for disability on their own, it’s not the best decision. An SSDI lawyer can help you avoid the basic mistakes that contribute to the approximate 60% denial rate.

A lawyer can also help you understand what additional materials you can provide with your appeal. Yes, you can, and should, provide all the evidence you have. What the forms don’t tell you is that you can write an appeals letter.

The judges that hear these appeals go through tons of paperwork every day. An appeals letter can cut to the chase and explain how your disability affects your daily life.

In addition to less commonly known things like the appeals letter, a lawyer can also help you organize your medical case. An experienced lawyer will know how to present the paper evidence in a way that is powerful and convincing.

Hire A Disability Law Attorney

A disability law attorney can help give you the best chance at a successful determination. They can work to show your case with paper evidence. Ideally, a lawyer will work with you to investigate the circumstances surrounding the incident and explain what really happened.

Call Tabak Law for help in appealing your disability claim with a free case review.

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