The Elder and Disability Law Firm, APC
How to react after a disability application is denied
If a California resident has had their application for disability benefits denied, it is possible to appeal the ruling. Those who have had their reconsideration appeal denied can ask for a hearing. To improve the odds of obtaining a favorable outcome in a benefits case, an applicant should provide as much information as possible about the injury. There should be enough past and current evidence to show that a disability is present.
If necessary, be prepared to attend a consultative evaluation. This is done if there isn't any medical information that is less than 90 days old in an application. However, it is important to know that these examinations don't always lead to an application being approved. They are often short and general in nature; in many cases, they are more of a status update for an examiner.
Those who have had their initial application and appeal denied should not assume that they cannot win at the hearing level. In fact, more people secure benefits at the hearing level than during the application or appeal levels. To increase the odds of getting disability benefits, bring an attorney or other representative to court. More than 60 percent of those who appear with representation to a hearing obtain a favorable outcome in their case.
Individuals who have an inability to work may not automatically get the benefits that they are entitled to. In many cases, an appeal and a hearing are necessary before obtaining benefits. An attorney could review a case to determine what evidence might be lacking from an application. If necessary, an attorney could represent an individual during a hearing. It may also be possible to ask a judge for a ruling before the hearing takes place.