Kathleen Grace Walsh
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Social Security Disability and Workers' Comp Lawyer

Social Security Has Denied My Claim, Should I Appeal?

You are unable to work; you have paid into the Social Security system all your life.  Maybe your doctor tells you to apply for Social Security, so you fill out all the paperwork, and there is a lot, and file your claim.  After doing all that you are surprised to get a denial by Social Security.  The letter that denies, lists the medical reports in the file and you realize that they did not even have your doctor’s reports.  You're mad and you're discouraged, it is worth spending the time to appeal?  For most cases the answer is YES!

In Virginia when your claim is denied by Social Security, you must appeal the denial to the Reconsideration level.  To appeal you have to appeal through the Social Security Administration web site, www.ssa.gov, and you have to complete the Disability Report Appeal.  If you get denied at Reconsideration, which is likely, you will need to appeal to the Administrative Law Judge level.  You should appeal to the ALJ level.  At the ALJ level the Administrative Law Judge will more carefully consider your case.

While filing a Social Security claim and the appeals of a denial can involve a lot of paperwork and time many denials are reversed on appeal, don’t despair file that appeal or get someone to do it on your behalf.