What to Do If You Have Been Denied Disability Benefits
If you have been denied disability benefits in Arizona after your initial application, it is not the end of line for you. In fact, the vast majority of applicants are denied benefits after their initial application, but with the right disability lawyers on their side, many of those applicants are able to successfully appeal their denial and ultimately gain Social Security benefits.
Administrative Remedies: Reconsideration, Hearing and Appeals Council
The Social Security disability benefits appeal process for Arizona claimants takes place in several stages. If your initial application is denied, the first option you have is to request reconsideration. Reconsideration is essentially just a review of the initial application, conducted by a new examiner at the Social Security Administration. If the application is denied a second time, the applicant has the option to request a hearing before an administrative law judge (ALJ) within 60 days of the denial. At the hearing before the ALJ, the claimant and their legal representative will be allowed to interview witnesses and present additional medical documentation to support their claim for disability benefits.
If the application is again denied after the hearing before the ALJ, the application can be appealed even further by requesting a review in front of the appeals Council. The Appeals Council is a panel of administrative appeals judges, and they will review all of the evidence that was presented at the ALJ hearing, and will have the option to consult with medical professionals. The Appeals Council will either confirm the ALJ’s denial, or, if they feel that your denial was in error, they can grant benefits, or order a new ALJ hearing.
Federal Court Appeal
If the Appeals Council once again denies the application, the applicant’s final option is to appeal the decision to the Federal Courts. Although this option is costly and is not recommended without the assistance of a qualified lawyer, applicants who appeal their decision to the Federal Courts actually succeed in getting benefits granted about 80% of the time.
While the appeals process can be daunting, securing disability benefits in Arizona does not have to be an uphill battle. With the right attorney on your side, you can be confident that you have the best possible chance to have your claim granted.
If You Have Been Denied Disability Benefits Contact Our Experienced Arizona Attorneys Today
If you have applied for disability and been denied social security benefits, you have options. The attorneys at the Law Office of Paul J. Dombeck can walk you through the appeals process to make sure you get all the benefits to which you are entitled.