Boise, Idaho – Social Security applications with the Social Security Administration can be very complicated and it is hard to sort through the various regulations. Many people give up after the initial denial when they should keep trying. If after your initial claim you find yourself in a situation where your claim was denied but you need to decide whether you are likely to win an appeal, you may want to contact a Boise Social Security attorney. Social Security disability lawyers can evaluate your claim and help in the appeal process.
An appeal process should not be taken lightly; you really need to consider what you need to do to increase your chances of winning your case. How the severity of your disability is reflected in your medical records is important to consider. Reviewing Social Security’s Medical Listing is helpful at this stage as well. If your disability is listed and the severity of your disability matches the listing, your appeal has a stronger chance of succeeding. Our disability lawyers will help you assess whether your appeal makes sense for your case.
Another factor to consider in addition to the severity of your disability is your age. Generally speaking, people over 50 years of age are seen more favorably than younger claimants. This is not to say that young applicants should be discouraged from appealing, particularly if symptoms and limitations match the Medical Listings.
However, being younger puts you in a position to learn new skills and talents and build a career despite the restrictions a long-term disability may place on you. If you are younger and you can re-enter the workforce with retraining you will be denied in the appeal process.
Education is also considered when making an appeal. Highly educated people are considered to have a wider set of skills, which makes them more capable of finding alternative occupations that may require less physical abilities. If your education has not been relevant in your recent work history then it may have no bearing on your case, but our attorneys can walk you through your case and assess the best course of action.
Your personal situation is very relevant to the process. If you are able to return to another type of work, it may be in your best financial interest to seek a paid job instead of relying on Social Security disability benefits, even if you might otherwise qualify. You may want to contact Idaho Vocational Rehabilitation to find out if they have any resources that might assist you. Even though this is not the case for everybody, it may be the case for you. If you are a skilled worker with several talents, you may consider jobs, even if they are not in your previous line of work. Very often you will find that the pay will be greater than any disability benefits you may receive.
An initial denial should not be taken as the final word since 65% of people’s initial claims are denied at the first try. Your odds of winning an appeal increase at the hearing level if you have a good disability attorney and the appeal costs you very little.
Once you receive notice of the initial denial, you only have sixty days to file an appeal, so be prepared to submit your appeal as soon as possible. During the reconsideration, which is the first appeal, you should expect to receive a decision after about 90 days. If your disability office is very busy, a result may take longer.
At this stage a medical consultant may review your case and give an opinion about your mental or physical limitations. If your claim is denied again, then the case escalates to an administrative law judge, which may take over a year. The next level is to present your case to the Appeals council and then in federal court. As discouraging as this sounds, most people do not get to this level as they are usually approved when reviewed by an administrative law judge.
If you do decide to appeal, our Social Security disability lawyers are here to help.