Attorney Howard Olinsky Discusses Social Security Disability Denials
If a client receives a denial at their
For attorneys whose clients receive a denial at their
No. 1: Procedural status. The claimant's last date insured for disability benefits should always be considered in deciding whether to appeal. "Before deciding that a new application is the best course, be sure that the claimant is eligible to reapply," said Olinsky. "Specifically, if the claim was Title II Disability Insurance Benefits, eligibility depends on insurance status. Therefore, if the claimant's insured status expired prior to the ALJ's hearing decision, the only way to preserve the claim and pursue benefits is with an appeal. If the claimant filed a Title XVI Supplemental Security Income claim and remains financially eligible for benefits, a consideration of other factors may reveal he or she has a better chance of obtaining disability benefits through a subsequent application rather than an appeal. Therefore, representatives must carefully review numerous factors including the medical evidence and the type of claim in deciding whether a hearing loss should be appealed."
No. 2: Medical evidence. The next step after a hearing denial is often to appeal. "This is especially true in cases with a fully developed medical record containing evidence favorable to a finding of disability, and also true when the ALJ jumped the gun and issued a decision despite outstanding material evidence," added Olinsky. "The ALJ's errors in weighing the evidence or deciding the case without a fully developed record are strong arguments that the case should be remanded for further proceedings."
No. 3: Case circumstances. Before deciding to appeal, a representative should carefully note the circumstances of the case due to the realities of the
"A claim need not end with an unfavorable decision following a hearing, but there are important factors to consider in determining whether a claimant should appeal the hearing denial or file a new application," concluded Olinsky. "Oftentimes, even the appeals council denial may not be the end of the claim, and representatives should seek a Social Security Federal Court attorney to evaluate the claim for Federal Court."
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