Posted on: 2 November 2016
After all the time and work, it can be shocking to find your disability claim denied. There are many reasons why denial can occur, including a determination that your disability is only short term or that the disability office simply couldn't get in touch with you. The following can help answer your questions on a denial so that you know what to do going forward.
Can you appeal any type of disability denial?
You are allowed to file an appeal regardless of the reason for denial. Even if the denial reason is fraud, you can file an appeal to state that your claim is not fraudulent.
Is it better to open a new claim or file the appeal?
If you have applied for disability and been denied, do not file a new claim. First and foremost, a new claim can take longer to process than an appeal, effectively putting you back to square one on the entire process. Second, you will likely be denied a second time for the same reasons as the first denial. It is much better to file the appeal so that you can address and remedy the reasons for the denial.
Are you provided details on the denial?
The initial denial will not be very detailed. You can get a copy of your exhibit file from the hearing and appeals office, which will contain all the information that was used to process the denial. This will likely be a bundle of medical records. Look these over and make sure nothing is missing. Sometimes incomplete records are the real reason that a denial occurred.
Should you get another medical report?
It can sometimes help to ask your doctor for a more detailed report and evaluation of your medical condition. You may even benefit from getting an evaluation from a second doctor to further back up the claims of the first.
Can you update the paperwork?
It is encouraged that you look over the initial claim and fix any errors and add in any missing information. In many cases a denial is the result of paperwork errors or missing documentation, so this step alone may result in an approval.
Must you file the appeal immediately?
The sooner you get the ball rolling, the better. Filing the appeal as soon as you receive word of the denial is best. Not only will that help speed the process, but there is a deadline on filing the appeal. You do not want to lose your right to an appeal.
Contact a disability lawyer as soon as you get notice of the denial. They can help walk you through the appeals process so that you have the best chance at winning your disability claim.Share