Wednesday, June 22, 2016

What if I get denied?

What if I get denied?
By Nicholas Wearne, Attorney
Social Security Department
Snow, Carpio & Weekley

Clients come in to consult with me usually when they have recently been injured or when they have applied for social security disability and been denied.  If you have applied for social security disability benefits and been denied, do not be discouraged.  The application process for social security disability is a three step process and there are steps you can take to appeal the denial.

Initial Application: When most people come in to talk with us they have been denied at the initial level.  When you apply for social security disability benefits you can fill out an application on line at SSA.GOV or in person at the social security administration office.  The application is reviewed by the Department of Economic Security and the majority of applications are denied.

Reconsideration:  If you are denied at the initial level you can do a request for reconsideration.  When filling out the request you will be asked why you want the Department of Economic Services to reconsider your application.  Sometimes there is added information for them to consider and other times we ask them to reconsider purely because we disagree with the decision that was made.  If you were denied at the initial level, chances are you will be denied at the reconsideration level as well.

Hearing: If you are denied at the reconsideration level do not despair, you can request a hearing. At hearing you will go in front of a judge either by yourself or with your attorney and will be asked to make arguments as to why you believe you are disabled under the law.  Your chances of getting approved are much better at the hearing level than they are at the initial or reconsideration levels.  Obviously there is never a guarantee.  If denied at the hearing level there are even higher levels of appeal that I will explain in another blog.

If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at

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