Was Your Social Security Disability Claim Denied? Here’s What To Do In South Carolina
If you’ve submitted a claim for Social Security disability (SSDI) and/or Supplemental Security Income (SSI) in South Carolina and have just found out that your claim was denied, don’t panic – you have options.
You’re also not alone. In fact, over 70% of initial applications are denied in South Carolina. However, through appealing the decision, you stand a very good chance of eventually having your claim approved. You just have to follow the right process.
Request Reconsideration If Your Initial Social Security Disability Claim is Denied
After you submit your initial application, you’ll have to wait three to four months before being notified whether your claim was approved or denied.
If denied, the next step is to file a “Request for Reconsideration.” This is the first level of appeal. When you request a reconsideration, that’s exactly what you get: the same agency that first looked at your application, the disability determination services agency (or DDS), will look again to see if you were wrongly denied the first time. The agency will typically make a decision within 2 months.
Statistically, you can expect about a 1 in 10 chance of having your claim approved at this point. If it’s not approved, you can move on to the next level of appeal.
Request a Disability Hearing If Your Reconsideration Request is Denied
Rather than having the same agency look at your application for a third time, the next level of appeal puts your social security disability application in front of an administrative law judge (ALJ). File a “Request for Hearing by Administrative Law Judge” within 60 days of receiving your reconsideration decision. This will get you a time to go before a judge – eventually.
The bad news is that the wait time for a hearing is long, averaging about 18-20 months in South Carolina. After the hearing, you can expect to wait another 60-90 days to receive the decision in writing.
The good news is that if you do make it to the hearing, you have a much higher chance of having your claim approved. If it is denied again, you can request that the Appeals Council of the Social Security Administration review your case.
Work With an Experienced Social Security Disability Attorney
While it’s not required that you have representation, working with a lawyer on your social security disability claim can be a big help. Having an experienced attorney to develop your case and guide you through the process can be very valuable, particularly when you’ve reached the point where you plan to go before a judge. Your attorney is only paid if your claim is approved, so you don’t need to pay attorneys’ fees out of pocket while you’re waiting for a decision on your claim.
If you’re in South Carolina, contact social security disability attorney Johnnie Fulton of the Greenville law firm Fulton & Barr. Johnnie can help you at all points in the process, from filing your initial claim to representing you in front of an ALJ and beyond. If you’re about to file a claim for the first time, or if your claim has been denied, contact Fulton & Barr at (864) 235-3154. Call today to schedule your free initial consultation.
A graduate of the University of South Carolina School of Law, Johnnie has been practicing law for over 35 years. Johnnie is very involved in the community, including volunteering her time to groups which promotes the fair treatment of workers and disabled people; and, works to elect candidates who support the rights of South Carolina workers.
Attorney Johnnie Fulton’s practice areas include workers’ compensation and social security disability. She is committed to demonstrating personal and professional ethics and cares sincerely for each of her clients. A graduate of the University of South Carolina School of Law, Johnnie has been practicing law for over 35 years. Johnnie is very involved in the community, including volunteering her time to groups which promotes the fair treatment of workers and disabled people; and, works to elect candidates who support the rights of South Carolina workers.
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