In Illinois, disabled individuals may face denial when applying for social security disability benefits. Denials are often based on assessments conducted by doctors who don’t treat the applicant on a regular basis. The Social Security Administration sets up appointments for each applicant during the application process. The findings of these doctors don’t always match those of the applicant’s doctor. The following is a review of options available through a social security disability lawyer in Wheaton after an applicant is denied these benefits.
Assessing the SSA’s Decisions
The first step for the attorney is to assess the SSA’s decision. The Social Security Administration must follow strict guidelines when they assess an application. They cannot deny the claim based on an unethical reason. The denial must be based on a disqualifying factor that applies to each individual case.
Filing an Appeal for the SSA’s Decision
The first step for fighting back against the denial is to file an appeal. The law provides all applicants the opportunity to appeal any denial for any reason. The lawyer will file a motion for the appeal to acquire a new review of the case. The SSA must review the case again during this appeal and determine if the applicant has a qualifying condition to receive these benefits.
Acquiring Additional Medical Evidence
Any new evidence that the applicant has on-hand is used if the SSA denies benefits during the appeal. Any new findings acquired by the applicant’s doctor is useful in a lawsuit. The information could present a greater need for these benefits based on an inability to support themselves financially.
Filing a Lawsuit for Social Security Benefits
The lawsuit is filed to acquire a review by a judge and jury. This process takes the decision out of the SSA’s hands. The judge and jury review these cases based on all evidence presented by the applicant.
In Illinois, disabled individuals who receive a denial have the legal right to take further action. They can file an appeal to receive a reconsideration through the Social Security Administration. The applicant could also bypass this process and file a lawsuit as well. Applicants who were denied benefits and need a social security disability lawyer in Wheaton can visit Jeffrey A. Rabin & Associates, Ltd. today.
