Should I appeal my denial?
Yes. Filing a new claim or ignoring the denial can result in a loss of benefits or even lost eligibility for benefits altogether. Always appeal a denied claim.
How much time do I have to file an appeal?
The deadline is 65 days after the date on the denial letter.
What does an attorney do in a social security case?
An attorney files the appeal paperwork, reviews Social Security’s file, researches the specific rules that relate to your particular case, obtains and prepares medical evidence for the hearing, and represents you at your hearing.
Aren’t my regular medical records Social Security already has good enough?
Usually, no. Doctor’s ordinary chart notes include information about your symptoms, diagnosis, and treatment. Social Security laws require the judge to have specific information about your physical and mental limitations. A large part of the attorney’s job is working with doctors to obtain crucial information that is not usually in the doctor’s records. Also, by the time your case is scheduled for a hearing the records need to be updated.
How long will it take for my case to be decided?
The Social Security Administration is experiencing extraordinary delays in getting cases to hearing. The average wait for a hearing in Colorado Springs as of May, 2009 is 451 days, or about 15 months, after a claim is denied and a hearing is requested. Since it takes 3-6 months for the initial claim to be processed, and several months after a hearing for a decision to issue and payment to begin, the entire process can take over a two years.
Can an attorney do anything to help a claimant get a hearing sooner?
In some cases, an attorney can ask for an “On the Record” decision without a hearing by presenting sufficient medical evidence. If successful, this can result in a decision long before a case would normally be scheduled for hearing. In other cases, if a claimant is facing homelessness or is without access to food or medicine, or is terminally ill or suicidal, the attorney can request an expedited hearing.
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