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Thursday, March 11, 2010

Appealing Rejected Disability Benefits Claim

Workers who had paid enough social security taxes can receive disability benefits after an accident or an illness that left them unable to do work and earn a living.

However, almost half of disability claims are rejected by the Social Security Administration as they do not meet the requirements that would qualify them as a beneficiary. This happens because they make bogus claims or fail to prove their disability. Some of these rejected eligible applicants don’t bother to appeal their case and thus, lose the chance to get the benefits they deserved.

The first part of the appeals process is the reconsideration stage wherein the rejected applicant can ask the SSA to review his case and provide new evidence that will support his claims.

If the claim is again rejected in the reconsideration stage, then applicants can ask for a hearing where they can present expert witnesses who can give statements about the claimant’s condition.

The appeals council is the third stage wherein the eligibility can be determined. The council may reject the request, determine the eligibility of the claims, or have an administrative law judge (ALJ) to again review the case.

If a worker’s case is again rejected by the appeals council, he can file a lawsuit before a federal court and go against the SSA. At this process, it is advised that the worker acquire the services of an expert social security lawyer who can assist him in his presentation of the case.