I APPLIED FOR DISABILITY AND SOCIAL SECURITY DENIED ME. DO I STILL HAVE A CHANCE TO WIN?

Posted January 29, 2016

A lot of our clients contact Drummond Law after they have been denied for Social Security Disability (SSD) or Supplemental Security Income (SSI) by Social Security. The answer to whether someone has a chance to get Disability or SSI after they have been denied is YES! However, what must be done to win will depend on what level of denial it was.

There are three main steps to a Social Security Disability case. Those three steps are:

  • The Initial Level: This step begins immediately after an individual has applied for Social Security Disability or Supplemental Security Income.
  • The Reconsideration Level: This step begins if an individual is denied at the Initial Level and appeals Social Security’s decision.
  • The Hearing Level: This step occurs if an individual is denied at the Reconsideration Level and appeals Social Security’s decision by requesting a hearing in front of an Administrative Law Judge with the Office of Disability Adjudication and Review, commonly known as ODAR.

Because of the approach taken at the Initial level and Reconsideration level by Social Security, it is not uncommon to be denied at these steps. Based on our experience at Drummond Law, it appears that only very extreme cases of Social Security, especially those where death is imminent, are approved at these initial levels.

Although being denied at the Initial level and the Reconsideration level is frustrating, Drummond Law has the experience and knowledge needed to change a denial at these levels into a win at the Hearing level.

Additionally, if you have been denied at the Hearing level, Drummond Law can analyze your case and determine if appealing your case above the level of the Judge is appropriate or if it would be more beneficial to file a new claim for benefits.

The most important thing that can be done to improve a Social Security Disability case is for the claimant who is seeking benefits to get treated by the best doctors for their conditions and to document their symptoms with his or her doctor.

What doctors are best to treat at depends on what condition is making you disabled. In general, it is to your advantage to treat with medical specialists and not general practitioner doctors as they are more knowledgeable on the particular medical problem you are having, tend to produce better records, and are considered to be more important by Social Security’s judges.

An example of the best medical specialist for a spinal condition would be an orthopedic (bone) doctor or a neurologist because they know the tests that need to be done to document these conditions while the best specialist for a psychological condition such as depression would be a psychiatrist because they know what symptoms indicate a more severe psychological condition.

However, just going to the doctor is not enough to win a Social Security Disability case. It is very important that when you go to the doctor, you talk to them and explain everything that is going on with you medically so that your symptoms are documented. Documenting your symptoms can go a long way in helping to prove your disability.

If you or someone you know is disabled and needs help with their Social Security Disability or Supplemental Security Income case, please call Drummond Law at (800) 842-0426 for a FREE CONSULTATION.

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