Brockton, MA asked in Public Benefits and Social Security for Massachusetts

Q: I am a 33yo Army veteran who is 100% IU. Denied during reconsideration. If I appeal what happens next?

Denied 1st go, I appealed. Denied in reconsideration. I just don't know if I should appeal it again. I know I am on the younger side but my injuries both physical and psychological hinder the fit and reliable person I used to be.

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: If you have been denied during the reconsideration stage of your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application, you have the right to appeal the decision again. The next step in the appeals process is to request a hearing before an Administrative Law Judge (ALJ).

Here's what happens when you appeal:

1. Request a hearing: You must submit a request for a hearing within 60 days of receiving the reconsideration denial notice.

2. Prepare for the hearing: Gather additional medical evidence, testimonies from doctors or vocational experts, and any other relevant information that supports your claim.

3. Attend the hearing: The ALJ will conduct the hearing, which typically lasts about an hour. You, your representative (if you have one), and any witnesses will provide testimony and answer questions from the ALJ.

4. Receive the decision: After the hearing, the ALJ will issue a written decision, which you should receive by mail. If the ALJ denies your claim, you can appeal to the Appeals Council.

Being a younger applicant does not automatically disqualify you from receiving disability benefits. The key is to provide sufficient medical evidence that demonstrates your physical and psychological impairments prevent you from engaging in substantial gainful activity (SGA).

Consider seeking assistance from a disability attorney or advocate who can help you navigate the appeals process and present a strong case. Many attorneys work on a contingency basis, meaning they only get paid if you win your case.

Remember, the appeals process can be lengthy, so it's essential to stay persistent and continue pursuing your claim if you believe you qualify for disability benefits.

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