Jonathan H. Poznansky, Attorney at Law

Preparing a SSD claim for reconsideration

A significant number of Social Security disability claims are denied when first considered. There are a wide variety of reasons why a claim may be denied, including that the disability isn't considered severe enough, the medical evidence presented was deemed insufficient, the injury or illness in question did not seem to limit the claimant's ability to perform the same or similar work, and the claimant failed to adhere to medical treatment aimed at relieving the medical condition. A claim denial, though, for any reason can throw an individual into treacherous financial territory.

The good news is that a denied claim can be appealed. The first step in the appellate process is known as reconsideration. When requesting reconsideration, a claimant should include any new or newly obtained evidence that directly rebuts the reason for the initial denial. This may include additional medical records, but it is important to note that a mere letter from one's doctor isn't enough. Instead, the records submitted should show scientific facts to support the claim, including diagnoses, laboratory findings, medical treatment provided, and the patient's response to said treatment.

A claimant's doctor can provide other documentation to support a claim during the reconsideration process. This documentation can address a claimant's ability to perform his or her work duties, and in the case of mental health, a doctor can submit documentation that speaks to the individual's memory, concentration, and ability to understand information.

Pursuing a SSD claim is often an ongoing process, thereby allowing the claim to be strengthened over time. This can be frustrating, as it often means that several appellate steps must be taken, but it should also be encouraging to those who may find themselves disheartened by a claim denial. To improve their chances of succeeding on one of these claims, those suffering from a disability should carefully consider acquiring legal assistance.

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