Should You Hire a Disability Lawyer for Your Appeal in Mississippi?

If you live in Mississippi and you have a disability that has caused you to be unable to work, you may have filed a claim for disability benefits with the Social Security Administration. Unfortunately, you may also have received notice that your claim was denied. If this is the case, although you may feel frustrated, you should know that you are not alone. In fact, more than half of claims are typically denied on the first attempt. The good news is that an appeals process is available. Let’s take a closer look at that process and whether or not you should hire an attorney to assist you.

Why Was My Claim Denied?

Prior to understanding the steps of the appeals process, it’s important to have a clear understanding of why your claim was denied in the first place. Although every claim is unique, there are a few reasons why claims are commonly denied on the first attempt.

Some of these include:

• Insufficient medical evidence: To determine if you have a “disability,” the Social Security Administration will review all of the medical evidence you have presented. In some cases, you may have presented medical evidence, but it may not have been sufficient to prove that your condition rises to the level of a disability. On appeal, more evidence may be helpful.
• You earn too much income: Social Security disability benefits are intended for individuals who are unable to work. If you are earning sufficient income, despite your disability, your claim for benefits may be denied.
• Technical errors: Sometimes, the reason that an application is denied is very simple. There may be missing signatures or incomplete answers in the application. You may have provided an incomplete work history. You may have forgotten to attach certain necessary records. All of these reasons, although they may seem minor, may cause your claim to be denied.

Whatever the reason for the denial, you should know that you may be able to appeal that denial. Let’s examine the appeal process stages together.

What Are the Stages of the Appeals Process?

The appeals process for a denied claim typically has four stages. These include:

• Request for reconsideration: This first step of the process consists of reviewing the reasons your claim was denied and requesting that the Social Security Administration have another official review the claim and reconsider the decision. You may submit any additional evidence you believe supports your claim and bolsters your arguments. After review, the SSA will issue a decision, either affirming the original denial or reversing it.
• Hearing with an administrative law judge: This second stage of the process involves requesting a hearing within 60 days of the decision on your reconsideration request. This hearing may take place by video, telephonically, or in person. The ALJ will review your claim and the decision made on the request for reconsideration, as well as any additional evidence you present. At that point, the ALJ will issue an opinion either affirming or denying your request.
• Appeals council review: This is the highest level of appeal at the Social Security Administration. You may request review by the appeals council within 60 days of an ALJ denial of your claim. As with the other stages of appeal, you may present any additional evidence you believe is helpful and reiterate your arguments to the appeals council. The appeals counsel will then review your claim and issue its decision.
• Federal district court: This is the final stage of the appeals process, and many people do not choose to pursue an appeal at this level because it is often time-consuming and expensive. Consulting with an attorney regarding whether this would be appropriate in your case is always advised.

As you consider the various stages of the appeals process and whether or not you want to pursue an appeal, you may be wondering if you need an attorney to help you throughout this process.

Do I Need an Attorney to File an Appeal?

Although having an attorney is not required for the appeals process or for any legal matter, it is highly recommended. The truth about the law is that it can often be complicated and confusing. If you are not specifically trained in the disability appeals process, you may overlook asserting important rights or miss crucial deadlines. In the long run, not hiring an attorney could be far more expensive than hiring one in the first place. The right attorney can provide guidance throughout the entire process and represent you efficiently and effectively. At American Disability Action Group, we are here for you.

Call American Disability Action Group Today

At American Disability Action Group, we know that dealing with a disability can be frustrating enough without having your claim for benefits denied. The good news is, we’re here to help. Our talented and experienced team of attorneys understands the law and will be able to provide you with advice specific to your situation. If you’re ready to get started today, give us a call. We look forward to speaking with you soon.

Sources

• Social Security Appeals Process: https://www.ssa.gov/pubs/EN-05-10541.pdf
• Social Security Disability Benefits Overview: https://www.ssa.gov/disability