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Attorney Shawn Taylor

Advantages of appealing disability denial compared to new claim

by | Dec 12, 2018 | Social Security Disability |

When people in West Virginia file claims for Social Security Disability, they could face an uphill battle because many claims result in denials. Although this is discouraging, disability applicants can continue their pursuit of benefits. Starting over with a new claim might appear to make sense, but the appeals process actually involves less work and could have a better chance of succeeding.

Submitting a new claim requires a person to complete a new application along with a disability report and another medical release form. A consultative exam might also become necessary. These time-consuming steps do not compare favorably to the easier process of initiating an appeal once a denial letter arrives. Launching an appeal requires less time and effort.

A person will not need to go through another interview with a claims representative to appeal a decision. As the appeal moves forward, the person gets a second chance to win approval during the reconsideration phase. Even if reconsideration fails, a person still has the option of requesting a hearing where an administrative law judge will consider the details. These hearings often represent a person’s best chance of obtaining benefits.

At any point, a disabled person has the right to acquire legal representation. The support of an attorney knowledgeable about the bureaucratic process of evaluating claims for Social Security Disability may prevent problems and delays caused by incomplete paperwork. An attorney might have a greater ability to organize medical records and collect contact information for doctors than a person disabled by a serious physical or mental condition. If a hearing with a judge is scheduled, an attorney may speak on behalf of the applicant and potentially succeed in illustrating the person’s inability to maintain gainful employment.