What If My Claim is Denied?

The most important advice I can give you as an experienced Lowell disability lawyer is: Do not give up if your claim is denied. Unfortunately, many deserving claimants make this mistake every year. In fact, it is probably the worst mistake you can make. Many other claimants simply start over with a new application that, in all likelihood, will just be denied again.

If your claim is denied, you need to appeal until you get a hearing before an administrative law judge. The hearing is where you are most likely to succeed. Here are some statistics that illustrate the benefit of appealing. Back injury is the most common reason for seeking disability benefits. Recent statistics show that only 22% of claimants with back injuries were approved for benefits after their initial applications, while 70% of those who appealed ultimately won their claims.

Disability evaluators at the initial step never meet you in person. They tend to place a lot of importance on medical records, which do not always give an accurate picture of how severe a claimant’s symptoms are. At your hearing, you will have the opportunity to explain to the administrative law judge all the ways that your disability limits your ability to work.

How a Lowell disability attorney can help with your appeal

If your claim for Social Security disability benefits has been denied, do not give up. Persistence pays off when dealing with the Social Security system. Appeal until you get a hearing before an Administrative Law Judge. A majority of claimants who appeal are approved for benefits after their hearings.

Why was your claim denied?

Your claim for Social Security disability benefits may have been denied even though you are truly disabled. There are many reasons why claims are incorrectly denied that can be rectified by an appeal. For example, your disability examiner may not have received enough medical evidence to prove your claim. Sometimes doctors fail to send in a claimant’s records or the records are incomplete. Claimants can inadvertently contribute to the problem by not listing all their doctors on the application, or omitting other important information.

With only a file of documents to review, the decision makers at the first level tend to focus on the medical evidence, which may not reveal the full extent of your symptoms and limitations. The administrative law judge has more than a file to go on. The judge will see you in person, and listen to your testimony about what you can and cannot do. The judge will hear from your witnesses about how your life has been affected by your impairment. The judge will also have the arguments of your Lowell disability lawyer to help him or her reach a favorable conclusion. To learn more, watch my video, How the Judge Determines Disability.

What your disability lawyer can do for you

If your claim has been denied, consider promptly contacting an experienced Lowell disability lawyer. You have a limited time to file your appeal. Your attorney will help you complete the appeal papers and make sure your appeal is filed before the deadline.

Your Lowell disability lawyer will figure out why your claim was denied and develop a strategy to win your appeal. He or she will review your Social Security file to see what evidence is there and what additional evidence will help your claim. Your attorney can then gather the right medical and other evidence and documents and submit them to the administrative law judge.

In addition, your disability attorney will prepare you and your witnesses to testify at your hearing. Your attorney will be with you at your hearing to question you and your supporting witnesses, cross-examine medical and vocational experts presented by Social Security, and argue your case the judge.

Assistance with your appeal is available

If your claim has been denied, do not make the mistake of failing to appeal. To improve your chances of winning an appeal, one of the smartest things you can do is hire an experienced Lowell disability lawyer. Statistics show that claimants who are represented by disability attorneys are more likely to be successful than those who proceed on their own. Social Security law is complex; get an attorney on your side who understands the intricacies of the system.

If you want a dedicated and knowledgeable Lowell disability attorney to help with your appeal, please fill out the claim evaluation form on this page and we will get in touch with you shortly, or contact us by phone or email.

Gerard A. Palma, Esq.

Palma Law Offices, P.C.
Lowell disability attorney

79 Merrimack St Suite #201
Lowell, Massachusetts 01852