Is The Rate Of Approval On Reconsideration Appeals Even Lower Than On Initial Claims?
The rate of approval on reconsideration appeals is even lower than it is on initial claims. This is because in most cases, there is not a sufficient amount of new evidence added to a file between an application denial and an appeal. When an initial application is filed, it will take six months for Social Security to review all of the necessary information and make a decision, but only 30 to 60 days pass between an application denial and the filing of a reconsideration appeal. Since there is less time for new evidence to be generated, the original decision is more likely to be maintained.
If I Receive A Denial Notice, How Long Do I Have To Respond To The Reconsideration Decision?
Once an indiviudal has received a denial notice, they will have 60 days within which to file an appeal. If an individual misses the deadline to file an appeal, they should have a good reason for having done so, because there are few exceptions to the deadline.
Once My Disability Request Is Submitted, How Long Will It Take For Me To Get An Administrative Law Judge Hearing?
The length of time that it will take to receive an administrative law judge hearing after submitting a disability request will depend on the jurisdiction where the individual resides. Jurisdictions with more judges and/or fewer applicants will move more quickly, which means hearings will generally occur within 12 months of a disability request. In highly populated jurisdictions with many appeals and disabled claimants, it could take closer to 24 months to receive an administrative law judge hearing.
Will An Administrative Law Judge Hearing Occur In Person Or On Video? Do I Have A Choice In The Matter?
An individual can request an in-person hearing, which is what most people do. If an individual does not have a preference between an in-person and video-based hearing, then they will likely have a video-based hearing.
What Questions Can The Judge Ask During The Hearing?
One of the main questions asked of the claimant during an administrative law judge hearing is why they feel they are unable to work. The claimant should discuss every aspect of every medical condition from which they suffer. If someone previously worked as a cashier, they will likely be asked why they are no longer able to fulfill the duties of a cashier. The claimant will be asked questions regarding their physical capacity for sitting, standing, lifting, and bending, because every job requires some combination of these actions. There will also be questions regarding the claimant’s ability to concentrate or maintain attention for long periods of time.
How Do I Answer All The Questions? Won’t My Attorney Do All The Talking?
The judge at an administrative hearing will want to hear directly from the claimant rather than the attorney as to why they are disabled.
Additional Information On Social Security Disability Appeals Process
It is very important for an applicant to gather all of their medical records. Oftentimes, by the time the hearing gets scheduled, the judge may have only half of the medical records, and sometimes much less.
For more information on Rate Of Approval Of Reconsideration Appeals, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 526-8292 today.
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