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How does one go about disputing denial of Social Security Disability?

Berea, OH |

My wife has been denied and we need some advice. Thanks in advance for your time to answer.

Attorney Answers 4


  1. Best answer

    Appeal within 60 days, or you risk losing benefits. And get an attorney -the help of an attorney makes a huge difference in the chances of winning.

    Most attorneys who do any amount of Social Security work are members of the National Organization of Social Security Claimants' Representatives (NOSSCR) and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    If you do not have an attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. Use the “Attorney Finder” feature of Avvo for help with that.

    You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney. If there is a law school in your area, you may contact their legal clinic as well.

    You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    I hope this information helps. Good luck to you!
    ------------------------------------------
    Please remember to designate a best answer to your question.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  2. One must file an appeal. If this I the first denial, the appeal is called a "Request for Reconsideration." The nice people at your nearest Social Security office are trained to assist. However, chances of correcting a wrongful denial are enhanced greatly by retaining experienced counsel. If you do not know such an attorney, seek a referral at www.nosscr.org.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  3. As stated, you must appeal the denial. You have 65 days from the date of the denial letter you received in which to file your appeal, so time is of the essence.

    Social Security Disability attorneys are typically not paid unless the claimant is successful with the claim, and the fee comes is 25% of the back award with a current cap of $6000. In other words, your wife has nothing to lose, and possibly everything to gain, from consulting with experienced, local counsel about her claim.

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.


  4. If you wish to dispute the denial, an appeal is necessary. However, there are many different reasons for denials which impact upon the viability of an appeal. Was your wife denied on a medical basis or did social Security find that she had not worked enough to participate in the disability program? If she did not work, what is the household income?

    You can file an appeal on your own, but I recommend that you consult with an attorney if you are unsure of the basis of the denial. After a consultation you can decide whether to proceed alone or with assistance.

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