Common Mistakes to Avoid After a Winston-Salem SSDI Claim Denial
Being denied a social security disability insurance claim can be an unnerving prospect. A person may be tempted to make rash decisions in the aftermath of a denial and could blunder the change of reverting a denial. If you were denied an SSDI claim, contact a lawyer to learn what common mistakes to avoid after a Winston-Salem SSDI claim denial. A well-practiced SSDI attorney could help you reverse a denial without putting your claim in further jeopardy.
Filing a New Application is a Mistake
Filing a new application as opposed to filing an appeal can have negative consequences. Going through the appeals process might allow the person to get the maximum benefits, which could include back benefits. By re-filing an application, a plaintiff could hurt the amount of benefits for which they are eligible for. One of the common mistakes to avoid after a Winston-Salem SSDI claim denial is making a new claim instead of filing an appeal.
This is a mistake a person could make if they have not consulted with an attorney and they do not understand the appeal’s rights. Many times when a plaintiff gets a denial letter, they re-apply for benefits instead of seeking an appeal.
Chances of Winning an Appeal After Being Denied
It is not necessarily true that when someone’s claim is denied, their chance of winning an appeal is low. This is a misconception that many people have. The case could be further developed on appeal and there may have been additional treatment dates with a provider. After obtaining an attorney for an appeal, the lawyer may determine that all of the evidence was not gathered in the case.
After filing an appeal and filing a request for a hearing, the individual will typically go before the administrative law judge who is new to the case. The administrative law judge may not be bound by any earlier unfavorable decisions on the claim.
Consequences of Filing Numerous Claims
In an SSDI claim, plaintiffs could be paid back to 12 months prior to the application date. If they continue re-applying, they could lose those back benefits. However, if the individual appeals the process, then they could preserve their initial application date and may receive more back benefits.
Filing numerous claims is one of the common mistakes to avoid after a Winston-Salem SSDI claim denial. This is why a person who has had their claim denied should reach out to a skilled attorney who has experience assisting individuals with filing an appeal.
Reach out to an Attorney to Avoid the Common Mistakes After a Denial
There are many benefits to contacting an attorney after a denial as a lawyer could help you through the appeals process. This could including filing the actual appeal and helping you understand the medical issues. Once the lawyer understands the facts of the case and the medical issues, they could make sure that Social Security orders the correct medical records.
For more information about the common mistakes to avoid after a Winston-Salem SSDI claim denial, reach out to an experienced and knowledgeable attorney.