The statistics are abundantly clear – most people who apply for Social Security disability benefits (SSDI) are denied. For many who struggled to keep working as long as they could, this comes as quite a shock. However, you have a legal right to appeal the decision, and with the proper guidance and presentation your probability of success increases.
The Numbers
Each year the statistical data tells a similar tale. Somewhere around 60 percent, often as high as 65, of initial applications are denied. The first round of the appeal process, called reconsideration, has a startlingly high denial rate of 90 percent or higher. Only at the next appeal stage, the administrative law hearing, do the numbers favor the claimant. Typically more than half win their appeal if they make it that far.
The Issues
Disability and the manner in which the Social Security Administration makes its determination are defined in complicated language contained in voluminous rules and regulations. The SSA specifically identifies an extensive list of conditions it considers disabling, yet most claimants’ medical symptoms do not fit neatly and precisely within those established constraints.
The Administrative Law Hearing
The initial application and reconsideration consist of submitting paperwork and files without a full opportunity for explanation. At the hearing, which is essentially a less formal version of a mini-trial, the claimant can present evidence of his or her unique situation to prove disability. Legal representation can and often is the difference at this phase.
Contact a Social Security Attorney in Tennessee for Legal Advice
If you have been denied disability, all is not lost. The attorneys at Miller & Drozdowski, P.C. are here to help. We offer assistance at any stage of the Social Security application process. Please visit our website at http://lawknox.com today. Follow us on twitter.
