It is getting harder to win a social security disability appeal. Individuals file an application for benefits with the Social Security Administration. The agency sends the file to workers in the applicant’s home state. The state reviewing office looks at the applicant’s medical records. They must determine whether the applicant meets the criteria to receive benefits. Workers may also solicit opinions from medical and vocational experts. Denied claimants have sixty days to file an appeal.
The first level of appeal is called a request for reconsideration. Experts advise consulting a Disability Lawyer in Tulsa OK at this point. Lawyers know how to strengthen a client’s case. Often, the client’s file is incomplete. The lawyer reviews the file and decides what evidence needs supplementing. More often than not, the client needs more evidence from the treating physician. The treating physician must tender proof that the applicant is disabled.
The request for reconsideration is a paperwork appeal. A second worker from the state reviews the claimant’s file. Additionally, it is not unusual to request that the claimant is examined by a physician. The agency has many physicians under contract for these exams. After a second denial, the lawyer files a request for hearing. Unfortunately, it may take a year or more to get a hearing date. However, this is the first opportunity for the lawyer to plead the client’s case. In addition, they may question the government’s expert witnesses.
The Disability Lawyer in Tulsa OK may be concerned about a recent regulation change. This change affects the way an Administrative Law Judge (ALJ) decides an appeal. In the past, the ALJ gave more credence to the treating physician’s records than the agency physician’s findings. Now, the SSA physician’s opinion has more weight. The ALJ may also look at other factors in making a decision. These include whether the physician is a specialist. In essence, the agency thinks specialists are more qualified to render an opinion related to a disability. Sadly, experts say judges will now take longer to make a decision. Applicants already wait for weeks or months. If you have questions about disability, visit Sslcnow.com.