What to Do When Social Security Is Denied In Dallas, TX

by | Apr 19, 2013 | Lawyer

A lot people that have disabilities or severe illnesses can generally file a claim for disability benefits through the Social Security Administration. Unfortunately, approximately 90% of these initial filings for disability claims are denied even though the disabled person has a legitimate disability. A person that is unable to perform normal daily work activities due to an illness or other medical issue is generally considered to be disabled. In determination for disability claims, the disability must be expected to last more than 12 months to be considered as a disability for which disability benefits can be claimed. Anyone that has had social security is denied in Dallas TX, should file an appeal to get the case reopened.

If the person filing the disability claim has received a letter of denial from the Social Security Administration, they have the right to appeal that determination and have the case reheard. To file an appeal, there is a time limit of 60 days. The request for appeal can either be submitted online or written. It is also good to have the patients medical records to support the claim. If the time limit has passed, the case must be started again from the beginning.

It is recommended that those who have been denied will hire an attorney to help them with the case. Hiring an attorney is imperative if the disabled person has had their Social Security Denied Dallas TX. Most people in the general population do not have a clue how the disability system works. Attorneys that specialize in disability appeals are very knowledgeable and handle many cases per year for people that have had social security is denied in Dallas TX. Fortunately for the disabled person, the disability attorney does not require payment up front. They generally get a percentage of the settlement check once the disability claim is issued. The contingency fee for most disability attorneys is 25% or less.

If this is a re-determination and the person has already been receiving disability benefits, it may be beneficial to ask if the current disability payments can continue until the case is final. If it is determined that the person is no linger disabled, they may be required to repay some or all of the benefits.

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