Vital Steps for Filing a Long-Term Disability Appeal

Finding out your long-term disability benefits claim was denied after going through a long struggle to file your claim is where most people give up. You do not have to take this route if your disability is preventing you from working. One of your best and fastest solutions is to file a Delaware disability benefits appeal. If your appeal is denied, you can go to the next level of appeals and so on. Feel free to ask a Delaware disability lawyer about what steps this requires.

YOUR OPTIONS FOR DISABILITY APPEALS

Many people do not know there are four ways you can appeal a disability claim denial. These types of disability appeals can give you a strong chance of receiving the disability benefits you need. The first one is reconsideration. Filing a request for reconsideration is the same thing as saying you are requesting a re-review of your disability claim.

What will happen then is the Social Security Administration (SSA) will review your disability claim a second time. This will involve different reviewers to avoid bias. In that case, you may want to double-check your original disability claim to see if there are any ways to improve your claim.

If your reconsideration is denied, you may want to contact a Delaware disability lawyer to work on the next appeals level. The second appeals level is a hearing with an administrative law judge. At this level, you will be given the chance to present evidence, have expert witnesses testify on your behalf, and testify yourself. A lawyer will know ways to strengthen your argument.

The third appeals level is taking your claim to the appeals council. Council members will look at your claim and the judge’s reasons for denying your claim. This can take up to a year. Federal courts represent the final level of appeals. At this stage, you will be going up against the United States District Court and the United States Circuit of Appeals.

DISABILITY APPEAL STEPS

Now that you have an idea of the various levels of appeals for disability claims, you can start learning about ways to prepare. When it comes to disability appeal steps, these can vary by each level of appeal. First, make sure you submit your request for an appeal within the timeframe. You are given 60 days, after your claim was denied, to file your appeal.

Gather all the evidence you have from medical records and witness statements. Talk to a lawyer about what other evidence and documentation you need. Be sure to have information on your work history and limitations caused by your disability. Practice answering potential questions in court ahead of time with your attorney. Ask a lawyer about how these steps vary by each appeals level.

DISABILITY LAWYER IN DELAWARE

Going through the disability claim appeals process alone can be challenging and often overwhelming. Talk to a Delaware disability attorney if you have questions about the appeals process. You can contact Edelstein Martin & Nelson today at (302) 295-5050 for a free consultation. Our legal team of Delaware disability lawyers is located in Wilmington, Delaware and can help you defend your disability claim.