Appealing the Denial of Your SSDI Benefits Application

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Filing an application for SSDI benefits can be a rather frustrating process, especially to learn later on that you have been denied.  Don’t give up however, as you may still have a chance of obtaining these benefits.  While a large number of applications are initially denied, a good percentage of them are reversed when brought on appeal.   For instance, nearly 50% of all SSDI denial decisions are changed post-appeal.  Of course, if you are truly ineligible to receive SSDI, you should probably think twice before going through the appeals process. However, with the amount of applications that the Social Security Administration (“SSA”) receives on a monthly basis, they are undoubtedly going to make mistakes.  Therefore, it is important to consider that when you appeal your case, it is your chance to have the SSA or the courts take another look at your case and hopefully, to process and/or judge it in your favor.

How long do I have to file an appeal?

While you should definitely review all of the documentation that you receive from the SSA, you generally have sixty to sixty five days after you receive written notice (depending upon whether you received the letter via regular mail) that your SSDI application has been denied.

How long does the appeals process generally take?

Sometimes, an appeal can involve simply clarifying certain questions posed by the SSA regarding your initial application. In other cases however, you may be asked to provide a significant amount of evidence, including medical records, etc., to help substantiate your SSDI claim.  Overall, the amount of time that the appeals process takes depends upon why the SSA is denying your application and what the types of evidence that they need to validate your claim.

How do I appeal the denial of my SSDI claim and what information should I include?

In order to appeal the initial denial of your SSDI claim, you must complete a Form SSA-561-U2, which is to Request for Reconsideration of your claim.  In the event that you are appealing a denial of disability benefits, you will also need to fill out Form SSA-34410-BK (entitled “Disability Report – Appeal”).   If you are appealing a decision by the SSA to stop benefits that you have regularly been receiving, you will need to fill out Forms SSA-561-U2 and SSA-3441-BK.

Keep in mind that the aforementioned forms, all available at www.ssa.gov, ask for very specific information, such as your name, social security number, and also, the reasons why you feel that you were unjustly denied benefits.  You also have the option of providing additional information to help the SSA render a decision about your case, such as pertinent medical records or a letter from a treating physician or former employer regarding your alleged inability to work.

Should I hire an attorney to help me?

While an attorney is not required to apply for SSDI benefits or to challenge the SSA’s denial of your claim, it is highly recommended, nonetheless, that you consider working with one.  As evident from the above, the SSDI application and appeals process can be rather daunting, especially for those that are truly disabled and unable to work.  Only an attorney who knows the ins and outs of the SSDI benefit application and appeals process can truly give you the best chance of prevailing on your case.

Accordingly, we at the Sanger Law Office have the experience and skills necessary to review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families. The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

 

An Overview of the VA Disability Ratings System

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If you are a member of the armed services and were injured during periods of active duty, you may be entitled to receive veterans’ disability benefits.  However, the process involved in obtaining these benefits can prove to be rather time consuming, complicated and sometimes, a rather complex undertaking.  Specifically, if you file a claim for disability benefits, you may be required by the U.S. Department of Veterans’ Affairs (“VA”) to undergo an independent medical evaluation. The information obtained during this examination will be used by the VA to determine whether or not you are eligible to receive benefits and, how much money you may be entitled to receive.

 In evaluating your claim, the VA uses a system called the “Schedule for Rating Disabilities”, which helps them to assess the nature and severity of your claimed disability.  This schedule contains a laundry list of medical conditions, with over 700 diagnostic codes that are organized based upon the various bodily systems, such as the cardiovascular, respiratory and digestive systems.   In addition to the aforementioned, said schedule also includes a whole host of different qualifying mental conditions and disorders.

The VA schedule also provides certain criteria for assigning a specific disability rating to your case, which can range anywhere from 0 to 100 percent.  The percentage assigned to your condition depends upon the severity of your disability.  A higher percentage will allow you to collect a larger amount of disability benefits.  However, the VA will reduce this rating pursuant to your earning capacity, which is often determined via the VA’s medical examination.  In terms of compensation, this depends upon the rating assigned to your case, and whether you have dependents, such as a spouse, children and parents.  Keep in mind that you may be entitled to more money in the event that you lose the use of certain body parts, such as limbs and organs.

In rendering a ratings determination, the VA reviews the report generated from your medical examination and also, considers the same disability under various diagnosis codes.  In the event that there is any doubt as to the nature of your disability, the VA will normally decide in your favor.  For instance, if there is sufficient evidence to demonstrate either a 40 or 60 percent disability rating, you will likely receive the higher percentage pursuant to the Reasonable Doubt Rule.  According to the Reasonable Doubt rule, codified at 38 C.F.R. §3.102, when there is an equal or almost equal amount of evidence in support of and against a benefits claimant, said claimant will be given the “benefit of the doubt” and receive an award in his or her favor.

Whatever the situation, having an experience veterans disability ratings attorney on your side can often make a huge difference in your case.  Accordingly, Ms. Sanger can help simplify the challenging and complex process of obtaining disability benefits and represent you in appealing a denial of your claim or, an adverse rating decision.  She can also assist you in accurately completing the paperwork so that you do not suffer even longer delays in an already lengthy process. The Sanger Law Office is centrally located in Lawrence, KS and represents individuals who have been denied veterans’ disability benefits in both Kansas and Missouri.  If you are having challenges obtaining VA disability benefits in Missouri or Kansas, contact Danielle Sanger today for an initial free consultation at 785-979-4353.

How a Professional License Defense Lawyer Can Help You

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If you hold a professional license and complaints have been brought against you, don’t take unnecessary risks going about the issue alone. Whether you are a lawyer, doctor, chiropractor, nurse, pharmacist, massage therapist, dentist or other type of professional, you have undoubtedly put in a lot of time, hard work and effort into developing your career.  Ms. Sanger is a professional license defense attorney who has helped many people defend and protect their professional licenses.  Call the Sanger Law Office now to find out more about how we can help you fight for what’s right.

 As any experienced professional license defense attorney already knows, there are always two sides to every story. Many times people lodge complaints to licensing boards simply because they had unreasonable expectations on our clients.  For instance, clients of ours who are medical professionals, such as doctors and nurses, often face complaints from patients who claim to be victims of neglect, yet many times the facts demonstrate that these complaints stem from these individuals’ own unfair and irrational demands.  With respect to our attorney clients, several receive bar complaints due to the fact that their clients were disgruntled about their legal fees or, because the judge did not rule in their favor.

Regardless of the circumstances, you need to have an attorney on your side with the experience necessary to protect your livelihood.  At the Sanger Law Office, our team of legal professions will take the time necessary to analyze all of the facts underlying the claims that have been brought against you. We have represented many professionals in all stages of licensing board proceedings, from the initial application to investigations and formal adjudicatory hearings before state administrative tribunals. Don’t risk having your license revoked or suspended because you don’t think you need an attorney.  Complaints against your license and the hearings that often accompany them are a serious matter.  Without a seasoned professional license defense attorney to help you to (i) understand all of your legal options, and (ii) make informed decisions about your case, you put yourself at a greater risk of losing everything that you have worked so hard to obtain.

The Sanger Law Office is centrally located in Lawrence, KS and represents individuals and businesses before state licensing boards and in administrative hearings in Kansas and Missouri.  Our team will fully investigate the evidence and charges brought against you so that we can develop an effective strategy to protect your license, reputation, and professional livelihood.  If you are facing disciplinary proceedings or even if you are only subject to an initial investigation, contact Danielle Sanger now for a free and completely confidential consultation at 785-979-4353.  The Sanger Law Office looks forward to providing you with excellent legal representation.

How an SSDI Benefits Attorney Can Help You Fight For Your Rights

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Going through the SSDI benefits process can be a rather difficult undertaking, especially for those that are truly disabled and unable to work.  Overall, dealing with the Social Security Administration (“SSA”), whether to initially apply for benefits or appeal the denial of your claim, can often be difficult, time consuming and require quite a bit of inquiry into your medical history, employment and other personal aspects of your life.  That is why you should highly consider working with an attorney experienced in representing people during each stage of the process.  While having an attorney does not guarantee a certain result, the knowledge,  experience  and value that they can add to your case can often mean getting you the benefits that you dese

As every SSDI attorney knows, the fastest way to get approved is through your initial application.   Specifically, they know the ins and outs of the application process, and also, what the SSA looks for in rendering a benefits eligibility decision.   They can further assist you at the application level, as follows:

  • Filling out your application so that it sufficiently establishes that you are truly incapable or working or, qualify under one of the SSA’s enumerated medical condition listings;
  • Gathering and reviewing evidence necessary to substantiate the medical disability that you claim to have;
  • Working with your treating physicians so that they properly document your condition and also, provide the information necessary for the SSA to approve your claim (i.e. the SSA often looks for specific medical terms when reviewing SSDI applications.  An SSDI attorney can apprise your doctors of the requisite terminology to help support your claim); and
  • Inform the SSA in the event that you are suffering from a terminal condition, which can potentially make you eligible for an expedited decision of your case.

In the event that your original application is denied, an attorney can also help you get an “on the record”, or OTR, decision in your case, which is the next quickest way to get benefits.  They can also:

  • Draft a brief, pursuant to the SSA’s specific set of requirements, that presents all arguments in support of why you should receive SSDI benefits;
  • Gather new evidence by working with your physicians to obtain additional information necessary to answer all of the SSA’s questions regarding your medical condition;
  • Put together a proposed decision and submit it to the presiding Administrative Law Judge, which ends up saving them the hassle of drafting a decision, which can sometimes take quite a bit of time to complete; and
  • Consult with the Attorney Adjudicator assigned to your case in order to discuss the merits of your benefits application and also, to negotiate when you can start receiving SSDI.

In the event that the SSA denies your OTR decision, your case with then be set for hearing.  If you happen to be financially strapped due to your disability, an SSDI attorney can draft a letter to the SSA indicating that you are in dire need of benefits.  This may result in having your hearing date expedited.  In any case however, an SSDI attorney can assist you at hearing level in the following ways:

  • Prepare you to anticipate the questions that the SSA may ask of you as well as to properly inform the agency as to the specifics of your medical condition and why you can’t work;
  • Assist you in choosing and preparing witnesses to help support your claim; and
  • Make sure that you know what to expect every step of the way.

Whatever the situation, we at the Sanger Law Office can review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families.  The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or have some questions about your rights to receive SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  The Sanger Law Office looks forward to helping you get the benefits that you so rightfully deserve.