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The SSA lists several reasons that they will deny your disability claim. The cited reasons are applicable if the claimant:
Has an impairment resulting from drug addiction or alcoholism, provides insufficient medical evidence, fails to cooperate, fails to follow prescribed treatment, does not want to continue development of the claim, or returns to substantial work before the disability can be established.
The SSA does not use the words “deny” or “denial,” but refers to your turned-down request for disability benefits as “the initial determination.” You have 60 days after the receipt of the initial determination to file for what the agency calls “reconsideration.”
Contact Larry K. White LLC, Attorneys at Law to schedule a consultation with a lawyer today. 850-820-5105
If the reconsideration still amounts to a denial of benefits, you have another 60 days to request a hearing before an administrative law judge (ALJ). The SSA will pay for your travel expenses if you live more than 75 miles away from the hearing site. It will also pay for any medical exams or tests ordered by the ALJ. You can also request the judge to order witnesses, such as medical and vocational experts, to appear and provide testimony.
If the ALJ still denies your benefits, you can request a review by the SSA’s Appeals Council. You have 60 days to do so. The Appeals Council, however, will only review a case based on additional evidence if it is new material related to the period on or before the hearing decision and there is a reasonable probability the evidence would change the outcome of the decision.
Your final option if the Appeals Council rejects your claim is to file with the U.S. District Court serving your locale. Again, you have 60 days to do so.
Given the high percentage of claimants who are denied disability benefits, it is important that your initial application be as complete and compelling as possible. If you’re denied upon your initial request, it is even more important to obtain experienced legal assistance.
If you’re in Tallahassee, Florida, or nearby in Gainesville, Jacksonville, or Gadsden or Jefferson counties, contact Larry K. White LLC, Attorneys at Law.
We will help you determine which program you qualify for and make sure you have the best chance for approval.
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