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Ask a question, get an answer

Should You Appeal Your Social Security Disability Denial in South Carolina?




 
This question recently appeared online and, of course, the answer is quite obvious. Yes, you should always appeal your social security disability denial. And not only that, you should do it in a timely fashion.

For those who have received a disability denial in South Carolina and have become discouraged, why should you bother to file your appeal? Because of two facts, really.

One: the majority of all disability claims get denied by the social security administration at the initial claim and reconsideration levels. If a denial happens to your claim, it doesn't mean that your case is without merit or that you can't ultimately win disability benefits. Two: the majority of claimants who appeal their cases and get their claims heard by an administrative law judge will, if they have representation, be successful in being awarded disability benefits.

Regarding timeliness, in the area of social security disability representation one thing I have noticed repeatedly is that too many claimants wait until the end of their appeal timeframe before either submitting an appeal to social security (if your denial occurred at the application level, the appeal will be a request for reconsideration, and if the denial occurred at the reconsideration level, the appeal will be to request a hearing before a judge).

This is a mistake. Yes, the social security administration does give you two months (actually more--60 days plus 5 days for mailing) to send in your appeal following the issuance of a denial. However, waiting to file an appeal only increases the processing time of your case.

So, the answer to the question is yes. Always appeal your social security disability denial. That is, unless the denial occurred because you were not eligible for consideration due to assets (for SSI disability, there is a limit on assets), or the denial occurred because you were working and earning more than the allowable limits. In all other cases, however, you should appeal your denial.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























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