Under Social Security Administrative Law, a qualifying condition identifying a disability will continue beyond one year. The condition must affect the individual so profoundly that they possess an incapacity to work. They must also exhibit difficulties in performing routine daily tasks. Disability attorneys help these individuals acquire benefits based on this condition.
How Does this Process Work?
Initially, the disabled individual submits an application to the Social Security Administration. The state of Massachusetts utilizes a Disability Determination Service. They evaluate all claims that are sent to the SSA.
They review all applications according to the guidelines for eligibility. According to these guidelines, the applicant must submit medical and psychological records with their claim. Any application that doesn’t meet the eligibility requirements according to these services is denied.
What is a Reconsideration Motion?
A reconsideration motion is a formal request for the agency to review the application again. The motion is filed before sixty days have passed, and the applicant must ensure that their request was received. If the DDS didn’t send the applicant to a medical examiner, they’ll schedule appointments for them. If the medical examiners identify a disability, the application is approved. When they can’t identify a disability, the claim is denied a second time.
A Formal Appeal in Court
The last possible attempt to receive disability benefits requires a formal appeal in court. During the hearing, a judge evaluates the medical records and statements from the applicant’s doctor. The documents must show an exact reason why the individual cannot work.
It should clarify how the condition affects the individual on a daily basis. The records cannot contain any inconsistencies or errors. They must provide a starting date for the condition and identify how it is treated.
Disabled individuals may face a lengthy process to acquire benefits. This shouldn’t discourage them from fighting for the benefits that are theirs. Attorneys help them to acquire appeals after they are denied these benefits. They can help these individuals gather adequate medical evidence to support their claim. To enforce their rights under Social Security Administrative Law, these individuals should contact Law Offices of Sara J. Frankel & Associates PC immediately.
