What are My Chances of Winning an Appeal?
Losing once, however, does not mean you should give up on your benefits claim. Thankfully, if you are denied disability benefits, you can still make an appeal.
The Process of Making an Appeal
If you are considering to make an appeal, your first step is to submit a request for reconsideration. If all goes well, then you will not have to worry much about winning your case. If you’re denied for a second time, then you can request for a hearing before a judge. Alternatively, applicants can pass their requests up to the Appeals Council level, and even to the federal court. However, keep in mind that by this time, it is unlikely for the court to change its decision.
Now that you know how the appeal process works, it’s easier to pinpoint where and why you were denied. This is a crucial step to help you understand the chances and reasons of why you lost.
The Main Reasons Why You were Denied in the First Place
The most common reason why many beneficiaries appeal is due to non-medical or technical decisions. This denial of claims happens mainly because of an insufficient number of recent work credits. Other times, the applicant fails to show up or cooperate. For these reasons, you will be ineligible to make an appeal. But you can still make an appeal if your technical issue is just the lack of appropriate documents.
Aside from the technicalities, the judge can deny your claims based on your medical condition. Here are the medical reasons why your benefits may be denied:
- If your impairment is not expected to last for 12 months;
- If your impairment is not considered severe;
- If you’re able to perform your work despite your impairment;
- If you’re able to find another type of work; and
- If you had an impairment because of alcoholism or drug addiction
Your chances of winning the appeal will naturally increase if you do the opposite of the things mentioned above. If you prepared all critical documents and complied well with the judge, then your chances of bypassing the technicalities are high. If your medical condition is severe and is expected to last for 12 months or more, or you have difficulty working or looking for work, then your chances of winning an appeal are high.
Other Things That Can Increase Your Chances of Winning
Aside from the things mentioned, there are other reasons you can take advantage of for your disability benefits. Some of them can also be classified into technical and medical steps. Here are the factors you need to consider to help you win your case:
- How chronic and the level of progression of your condition. Some medical conditions, especially the degenerative disorders, will worsen over time. Others may leave you permanently disabled. In these instances, you have a higher chance of winning your claims.
- Processing of missing documents. Once you process the documents you previously lacked, you may now notify the SSA of your new medical evidence.
- Updating the disability examiner on your recent medical visits and outcomes. If your medical condition does not appear on SSA’s list, then you may be denied on your initial attempt. But if you’ve proven to a disability examiner that your condition is detrimental to you, there is no doubt that you will win your case.
- Hiring a legal representative to help you present your case in court. Legal services are not only there to assist you or to give sound advice with your case. Instead, they can also act as your legal representative to defend your case.
Hire a Legal Representative to Help Increase Your Chances
If you want to win your disability benefits appeal, then you need the entire legal service package: from reviewing your case to helping you gather evidence, to verifying if your disability fits the criteria, to represent you in court. Our social security disability lawyers at The Clark Law Office will increase your chances of winning your appeal and give you a fighting chance. Contact us today at (517) 347-6900 for a free confidential consultation. No fees unless you win your social security case!