Appealing a denial of Social Security Disability in South Carolina
If you receive a notice of denial on your claim for Social Security Disability or SSI benefits, you should, nine times out of ten, consider appealing the denial.
And here's why: if you receive a denial on the initial claim in South Carolina (the application for disability) and choose to start over again with a new application, you will, mostly likely, receive another denial.
If, on the other hand, you start appealing, then you can eventually get your case in front of an administrative law judge at a disability hearing office where you have, statistically, about a one out of two chance of winning (individuals who are represented at a hearing have even a better chance of being awarded benefits).
Appealing a denial of Social Security Disability benefits is almost always the wiser and more practical choice. The downside to appealing a denial, of course, is that appealing can take quite a long time. The first step in appealing a denial is the request for reconsideration and close to nine out of ten recons are turned down by the social security administration. However, the next step in appealing is the disability hearing. And, as we said, the odds improve substantially at that point.
If you are appealing your denial and have a hearing date scheduled, you are advised to find representation. Statistically, there is a significant difference in "win rates" between those who are represented at a hearing and those who do not have representation.
Is there ever a time when appealing a disability denial is not a good idea? Yes, and the next post will discuss this scenario.
Resources:
1. Can you still Appeal if the Judge denies your Disability Claim?
2. Winning a Social Security Disability Appeal or SSI Appeal
3. How to Appeal a disability claim denial from Social Security
4. How Many Times Will Social Security Disability Deny You?
5. What if you get denied for Social Security Disability three times?
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability
Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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