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How to proceed after a disability application is denied

There is a chance that Tennessee residents will have their applications for disability benefits denied. In some cases, an application may be denied more than once. The steps a person takes after having a claim denied depends on where they are in the claim process. If an individual filed another initial application, he or she would want to appeal the decision. However, if an applicant had a first appeal denied, the case would then be appealed to a judge.

Medical evidence will play a large role in determining whether an application is approved at some point. Ideally, the evidence will establish the date at which an individual became permanently disabled. Applicants will also need to provide recent medical records to establish that they are truly incapable of working or earning a gainful living. To qualify as recent, medical information must be no more than 90 days old at the time an application for benefits is submitted.

Individuals have 60 days to file an appeal, and five additional days are added to account for mailing time. An extension may be granted if there was a good reason why the appeal wasn't filed in a timely manner. Those who have had their initial claims denied are encouraged to appeal because most claims are eventually approved at the administrative hearing level.

Those who are looking to appeal a decision may want to do so with the help of an attorney. An attorney may be able to fill out and send paperwork to the relevant field office in a timely manner. It may also be possible for an attorney to obtain or organize medical records or put them into context during a hearing. In some cases, attorneys might help individuals obtain back pay in addition to future benefit checks.

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Logan-Thompson, P.C., Attorneys at Law
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