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Bagen Law Blog

Can I Get a Second Disability Hearing If I’m Denied My First?

Posted by Steven A. Bagen

Nov 28, 2012 5:17:00 AM

Finding yourself out of commission when it comes to the workforce for any reason can no doubt be stressful. However, it can be double that when you find yourself out of work because of a disability. Not only do you have to deal with the pain, suffering, and hardship attached to dealing with the disability itself, but you also have to deal with the hassle of actually obtaining your disability benefits.

Sometimes you even find yourself having gone through the entire process only to be denied your claim, which can be frustrating to say the least. Naturally you want to know more about whether or not you can have your case reevaluated so that you can collect your benefits as soon as possible. Let’s take a closer look at how that works.

Getting a Second Disability Hearing

It is possible to obtain a second disability hearing once your initial claim has been denied by requesting that the decision set forth by the judge be put up for review. This is done by filing an official request with the Appeals Council. The Appeals Council is the body responsible for reevaluating the decisions of any given administrative law judge attached to a case.

Sometimes cases sent to the Appeals Council are sent back through the court system for a second hearing. This is also sometimes called a “remand”. The circumstances surrounding a remand normally involve fault or error that can be found with the original finding, often a technical error or possibly also an error related to the evaluation of relevant medical evidence.

Alternatively, you can begin an entirely new claim for the same benefits. If this claim is also turned down, then you can put that claim up for reevaluation as well.

The Benefit of Hiring an Attorney

Many disability experts agree that a lot of time, energy, and frustration can be saved by enlisting the aid of a qualified disability attorney to help you with the reevaluation of your claim. Not only can a good, experienced attorney help you make sure all the proper paperwork and documentation is in order, but they can also help to make sure that all of the evidence attached to your case is properly evaluated from the get-go.

This can help save a lot of time so that you can start getting the disability benefits you so desperately need sooner – when you need them – instead of later. Contact a qualified professional in your area today!

Topics: Personal Injury