Appealing Denial of Benefits

Bankruptcy, Social Security Disability & Long Term Disability Attorney

SSD Benefits Denial Attorney Memphis

Most Tennessee residents who apply for Social Security Disability (SSD) benefits will have their initial application denied. In fact, the Tennessee Disability Determination Services (DDS) approves an average of 24-25 percent of initial applications a year (the national average is about 32 percent). SSD applicants are generally advised to prepare to appeal before filing their initial applications. Appealing a denial of benefits, however, is a complex process, and it requires a keen sense of Social Security Disability law to help ensure that your application meets the standards established by the Social Security Administration.

With over 20 years of helping hundreds of Memphis residents appeal their denial of benefits, disability attorney John E. Dunlap is fully prepared to help apply for your reconsideration and, if your request is denied, diligently represent your case in front of an Administrative Law Judge. For a free consultation regarding your case, contact attorney John Dunlap today at (901) 320-1603.

Request For Reconsideration

There are many reasons as to why so many initial applications are denied in Tennessee. In most cases, disability examiners working with DDS are not entirely autonomous and they do not often work with medical and psychological consultants. On the other hand, as Administrative Law Judges do work autonomously, far more applications are approved at this level of the appeal process. Before you can request a hearing with an Administrative Law Judge, however, you need to request for reconsideration.

The reconsideration is identical to the initial application in many ways. One major difference is that a higher-level disability examiner will personally review your medical evidence to see if it meets the Social Security Administration’s requirements. To request a reconsideration, you should seek the original Social Security office where you filed the initial application and return the reconsideration paperwork within 60 days of the original denial. Also, it is important to return this paperwork immediately, as your medical evidence can “age-out” after 90 days.

Request for Hearing before an Administrative Law Judge

If the request for reconsideration is denied, you can then request a hearing in front of an Administrative Law Judge. You have 60 days to request a hearing after the denial of your reconsideration, and in most cases, the hearing will be held at the local Office of Disability Adjudication and Review. At these hearings, the judge will go through many of the same materials, as well as your evidence, to see that you meet the Social Security definition of disability. In most cases, the disability hearing approval rate hovers around 60 percent.

Build a Stronger Case For Your Appeal With Disability Attorney John E. Dunlap

An experienced disability attorney offers invaluable legal aid during the entirety of the appeals process. Not only can an attorney help gather the necessary medical and non-medical evidence to strengthen your case, but a disability attorney will aggressively represent your case at all levels of the application and appeals process. With years of experience helping Memphis residents create and file their applications and appeals, John E. Dunlap, PC, is confident that he can help strengthen your case and give you a better chance of successfully receiving your social security benefits.

For one of the leading disability attorneys in Memphis, contact John E. Dunlap PC at (901) 320-1603.