What to do When Social Security Disability Benefits are Denied.
At Young and Young, we have been representing disabled Hoosiers in their application for disability benefits for decades. We are your Indiana Social Security Disability Lawyers. We know that approximately 80% of all initial applications for Social Security Disability Benefits are denied. This makes the appeals process the most important part of the application process. We have represented Hoosiers with brain injury, spinal cord injuries, paralysis, severe burns, degenerative arthritis, lupus, mental disabilities and all other types of disabilities in their pursuit of disability benefits. Every one of our Hoosier clients have told us that they did not want to file for benefits. They would rather be working. They tell us that they feel like they are admitting a fault by having to rely on disability. We know our clients would rather be working. We know that if they are disabled, and their medical records support that, then they have earned their right to their disability payments.
After you file your initial application, and you are turned down, the first appeal is called a Request for Reconsideration. This appeal is filed with the same Social Security branch office where you filed your initial application. If you filed your initial application on line, then it is likely that your Request for reconsideration will be filed in the Downtown Indianapolis Office, if you live in the central part of the State. This office is located at 575 N. Pennsylvania Street, in the Federal building. This is the first step where we recommend that your consult an attorney. There are several documents that you will be asked to sign. There will be many questions you will have about the process. An experienced attorney can answer your questions and allow you to relax. It generally takes the Indianapolis Office of Disability Adjudication and Review about 120 days to process this appeal.
If you are turned down on your Request for Reconsideration, you will have to file a second appeal called the Request for Hearing before Administrative Law Judge. This will require to appear before a Judge and possible medical or vocational experts, to give testimony to support your claim for benefits. Having a qualified lawyer, at this appeal, is , in our experience, essential. A lawyer will help you prepare for the questioning by the judge. The lawyer will insure that all your records have been properly presented to the judge and that all other evidence that supports your claim is also available. Since the vast majority of all claimants receive their benefits after a hearing, this is the most important step in the appeals process. The down side to this is that it can take as long as two years to get a hearing, and that is from the date your request the hearing, not the date on which you first applied for benefits.
If You are turned down by the ALJ, you must file the 3rd appeal to the Appeals Council in Falls Church VA. If you are turned down by the Appeals Council, you may appeal to the Federal district Court. If you are turned down by the Federal District Court, you may appeal to the District Court of Appeals.
At Young and Young, we stand ready to assist you with your Social Security Disability Appeal.