California residents that have received a denial notification in response to their claim for social security disability, or SSI, benefits still have recourse. However, they should be careful to avoid making certain common mistakes.
The first mistake claimants should avoid is dropping the claim after it is denied. Not filing an appeal prevents the decision from being reviewed.
When a first appeal is submitted, it will be reviewed as a request for reconsideration. While these reconsiderations are often denied, once a claim has been rejected at the reconsideration stage, the claimant will have the opportunity to request a disability hearing. This is beneficial as the odds of winning the hearing are high as long as the case has been properly prepared, and there is an efficient disability representative. In fact, according to federal statistics, 60 percent of claimants that have representation receive disability benefits after a hearing.
Another common mistake after a claim denial is filing a brand-new one instead of an appeal. This is a common occurrence and may be the result of ignorance about the proper procedure. The outcome will be the same, and the claim will be denied again. The correct response is to file an appeal so that the case can be heard by a federal judge.
Missing the appeal deadline also is another mistake that frequently occurs. When this happens, the claimant will have to restart the process by filing a new claim.
An attorney that practices SSD law may assist clients with submitting claims for benefits and guide them through the appeals process if a claim is denied. A lawyer may serve as a disability representative during a disability hearing and advocate on behalf of his or her client, ensuring that the judge is aware of the person’s inability work and entitlement to the benefits.