If you received a notice of denial for your Social Security Disability claim, it is important to have an experienced attorney immediately review the document. The "Notice of Disapproved Claim" does not always clearly identify the evidence considered by the Social Security Administration. Likewise, the correspondence will often fail to reveal the basis for the denial. In fact, many clients find the accompanying "Notice of Determination" confusing.
A "Notice of Disapproved Claim" is the document an applicant can receive after making application for Social Security Disability benefits. It will be officially dated in the upper right hand corner of the form. This is the date you must use to determine when the 60 day time limit for appeal will expire. However, I suggest you keep the envelope this document came in to determine the exact day you actually received this notice. On occasion, there may be a significant difference between the two dates. Clearly, you would have 60 days from the date you received the Denial Notice to appeal the decision. It is my suggestion though, that because of the backlog of cases and the average processing time of 582 days to obtain benefits for disability cases in the Tampa/St. Petersburg/ Clearwater area, you should move quickly to appeal your case without jeopardizing your rights by otherwise waiting for the deadline to approach.
You should also be aware that the page entitled, “Notice of Determination” will list what the Disability Determinations Office describes as the “evidence used in evaluating your claim.” The problem is, that the determination to deny your claim is often made without the benefit of all medical records. This occurs despite the outward appearance from the government's notice that implies all medical records were received. But this is not always the case.
The Government Accountability Office recently examined a random sample of Social Security Disability Claim files and made this conclusion, “Notices sent to denied claimants may provide inconsistent and sometimes misleading information about evidence obtained.” Social Security Disability: Improving Notices to Denied Claimants, GAO-09183R (Jan.9, 2009). The GAO report found that the list of medical providers who responded, included some providers who sent no records at all. Thus, you are left guessing about what records were actually received by the Disability Determinations Office. Click here for more details about this study and the Social Security Administration's response to this disclosure.
Moreover, the list of medical reports reflected in your denial notice does not describe the dates of service for each office visit, test performed or hospital stay. Thus, if certain testing results haven’t yet been transcribed or filed in your chart at the time your records were copied for the Social Security office, this evidence would be missing from your Social Security file without your knowledge.
Remember, your Social Security Disability claim is won or lost based upon the quality and completeness of the medical evidence you provide which supports the severity of your disabling conditions. You should not gamble on the hopes that your file is complete. You must not assume all of your medical records have been received in your Social Security file. You should consult with an experienced attorney to review your file and to request from your medical providers copies of all of your records. Your lawyer can then submit all missing records and new evidence that supports your case on appeal.
My office can and will closely review your existing file to determine what important documents may be missing and what is needed to achieve a favorable decision in your Social Security Disability case. We can periodically supplement your file with additional evidence obtained from your medical providers which will of course further support your cause.
Put my 24 years of experience handling Social Security Disability Claims to work for you and your family. If you live in St. Petersburg / Clearwater or another area within Pinellas County, call my law office today for a free consultation: (727) 578-0303
Click here for more information on obtaining Social Security Disability benefits
Click here to learn about Social Security Disability Benefits & Outstanding Pinellas County Warrants
Click here for FAQ about Social Security Disability Benefits
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