Appealing Your Disability Claim Denial

Nov 10, 2015

Contact an Ohio disability lawyer as soon as your learn your worker’s compensation, Social Security, or insurance claim has been denied.

You will need to take other steps to successfully appeal the denial, but teaming with an attorney who knows the system and who will fight for the benefits you need is essential. If you filed your initial disability claim without assistance from an attorney, receiving the denial notice is the time to enlist legal help.

You may have as little as two weeks to file an intent to appeal, and additional medical evidence may have to be delivered within a month. Deadlines vary from program to program, which all by itself makes having a knowledgeable and devoted legal ally in your corner worthwhile. Your lawyer will make sure all the right paperwork reaches the right people on time to keep your appeal on track.

The first thing your attorney will do is interpret the denial letter to figure out exactly why the claim did not get approved and how to counter that.

If the agency or insurance plan claims that you exceeded a statute of limitation such as two years from the date of an on-the-job injury for worker’s comp, your lawyer will reconstruct the timeline to assess whether a statutory limitation applies. In another scenario, your lawyer will be able to put you in touch with medical professionals who can provide additional medical evidence being requested to support an application for Social Security Disability.

As the appeals process progresses, your Columbus, OH, disability attorney can direct you toward community resources for the health care, financial support, and therapy you require to support yourself and your family. Disability appeals are the exact definition of “hurry up and wait.” You must respond quickly to any request for information, but the decision makers have months to return answers.

Where your lawyer will prove especially helpful is during the administrative hearings that occur throughout an extended disability appeal. These are not trials, but many of the same rules and procedures apply. Your legal representative can question case officers, present evidence on your behalf, and examine evidence provided by the agency or insurance company. You may not need to attend these hearings, but you absolutely need someone there to skillfully make your case.

When multiple appeals fail to secure you disability benefits, you can file a civil lawsuit against the agency or insurer. The relationship built with your lawyer, and the information gathered over the preceding months or years, can yield great benefits in court. Having a legal advocate who knows you and your situation well will provide great peace of mind before a judge or jury.

You can contact a Columbus, OH disability attorney with Agee Clymer Mitchell and Portman by calling (800) 678-3318 or filling out this form. We offer no-cost consultations, and we have decades of combined experience with appealing denials of workers’ compensation, Social Security, and disability insurance claims. Do not accept a first no as a definitive answer before reaching out to us.

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Worker’s Comp Lawyers Columbus, Ohio - Agee Clymer

140 E. Town St. #1100
Columbus, OH 43215