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Appeals Against The Denial of Disability Benefits

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Post Appeals Against The Denial of Disability Benefits   Appeals Against The Denial of Disability Benefits Date-310Sun Sep 12, 2010 5:01 am

Filing for disability benefits is one thing andgetting it is quite another. The government is ordinarily quite willingto let you have the benefit but at times it happens that you think youare entitled to the benefits but the authorities think otherwise. So,where to go? Do you need to file for reconsideration? Ifthe reconsideration application is rejected, go in for a formal appealbefore the Administrative Law Judge. Your case will be given a thoroughand independent examination here. And you'll be given a full hearingwith every chance to present your case in detail. An expert may also becalled to give his opinion on the status of the claimant's disability. Ifyour case is rejected here the next appeal lies before the NationalAppeals Council, which is headquartered in Washington. This is anindependent review of the ALJ's decision. The appeals council does notconduct a hearing. If the Council alsoconcur with the decisions of the earlier forum and rejects your appeal,you may institute a lawsuit in the federal court. This is part of aformal civil litigation and by filing a lawsuit you put in motion thejudicial machinery of the state. The lawsuit will be contended by theauthorities through a lawyer and it is advisable that you too hire oneso that you do not suffer due to inadequate representation before thefederal court. In case the federal courtdecides against you, you may approach the federal appeals court againstthe decision. If the appeal fails, the only option you are left with isthe Supreme Court, which is the apex judicial body. Itis not mandatory for one to hire a lawyer to represent one at anystage. However, if your initial appeals have not found favor with theauthorities while you feel that your case has merit, it is better thatyou let a competent lawyer file a lawsuit for you so as to make surethat no legal point in your favor escapes the notice of the judge. Ifyou do not hire a lawyer before reaching the stage when you have toapproach the Supreme Court, it would make things difficult for youbecause the apex court is unlikely to allow a fresh legal contentionthat was not raised before any of the earlier appeals. It is,therefore, advisable that you get yourself a lawyer the moment youdecide to set the judicial machinery of the state in motion.
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