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Personal Injury and SSDI Attorneys

Disability Report Appeal

  • March 23, 2015
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If you are seeking form SSA-3441-Disability Report Appeal, that usually means you have been denied Social Security Disability benefits and are considering appealing.  Before you appeal ask yourself if it’s not time to seek a Social Security Disability Attorney.  If you are looking for this form on your own it is likely you are representing yourself in front of the Social Security Administration and are likely filling this form out for the first time.  This is the perfect time to seek out a local Social Security Attorney for a free consultation.

Most people think they don’t need an attorney for Social Security Disability, and the truth is that some don’t.  However the reality is that most people would benefit tremendously, many indeed may only have a realistic chance of winning, with the assistance of an attorney.  This is especially true in Arizona where at least 80% of cases are denied at the Initial and Reconsideration levels.

Why is that?  It is simple: most people do not understand what the Social Security Disability Process truly entails.  A good local Social Security Disability Attorney should not only know the relevant law, but also what your strongest arguments are, and can help you develop your case.

These are a few examples of common mistakes by Social Security Claimants:

“My Doctor says I’m Disabled!”

Unfortunately a doctor saying you are disabled doesn’t get us very far in a Social Security Case and may indeed hurt your case. Disability is found by medical opinion of vocational limitation, that is, how long can a person sit, stand, walk, stoop, bend, remain stationary, lift, etc.. These are the limitations Social Security is interested in.  An Administrative Law Judge will review your age, experience, work history, and limitations (referred to as your Residual Functionary Capacity).  These limitations, as adopted by an Administrative Law Judge,will usually be compared to the vocational requirements of your prior employment as found by a Vocational Expert.

A doctor saying you are disabled bypasses the entire process, and if the judge doesn’t immediately believe you are totally disabled, your doctor’s credibility may be diminished.  It is important to have your doctors opinions, especially in terms of vocational limitations.  A good Social Security Disability Attorney should be able to explain this and why this is crucial for Social Security Disability Claimant’s, especially those under age 50.

Developing Medical Evidence.

The Social Security Administration will order your medical records at the initial level.  This is a problem as the hearing wait times in Arizona are about two years from the initial filing.  While you have waited you have likely sought treatment that has been beneficial to your case, but that treatment doesn’t help your case if the ALJ doesn’t see it. You need to ensure your records are complete at the hearing.  Here again a good Social Security Disability Attorney should be able to download your exhibit file(the file Social Security has compiled with all your records) and determine what is helpful and what is missing.  This will help you complete the record to ensure you have the strongest case possible when you step in front of the Judge.

Is your diagnosis on the Compassionate Allowance List? Do you meet or medically equal a listing? Would you GRID out if found sedentary, or light?

There are many aspects of Social Security Disability, SSI or SSDI, that many people are not aware of.  If you have a diagnosis on the Compassionate Allowance List, you should be able to be granted benefits fairly quickly.  Meeting or equaling a listing means that your condition is one that is found on Social Security Listings of Impairment, and you have the exact requirements or medically equal them.  There are special Medical-Vocational guidelines for people over 45 with physical impairments.  Again this is where a good Social Security Attorney is crucial.  Can you amend your onset date to make your case a GRIDS case?  Would that date be past your Date Last Insured?  These are technical questions that are extremely important to your case and that you most likely don’t know about.

Disability Report Appeal Form and other deadlines.

Have you filled out the Disability Report Appeal form properly and sent it in by the deadline?  Is it 60 days or is it 65 days from the date of the denial?  There are multiple deadlines and forms to fill out while you argue a Social Security Disability case. It is too easy to miss a deadline or make a mistake on a form.  Again a good Social Security Disability Attorney can be extremely important in helping you navigate the process and completing the forms correctly.  Most Social Security Attorneys even offer free initial consultations.

If you are searching for form SSA-3441- Disability Report Appeal, you have likely been denied benefits and it is a great time to contact an attorney for a free consultation and case review.  We at Alex & Saavedra offer free consultations allowing you to meet with an attorney at your first consultation, if you are appealing a decision contact us today to schedule your free consultation.

 

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