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I'm a Veteran, and My Disability Benefits Were Denied. What Can I Do?

Written by AskTheLawyers.com™

I'm a Veteran, and My Disability Benefits Were Denied. What Can I Do?

Written by AskTheLawyers.com™

AskTheLawyers™

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The important thing to know is that you’re not alone. Dozens, potentially hundreds, of applications are routinely denied due to everything from incomplete forms to incomplete information or even lack of medical evidence. In fact, first-time applicants stand a pretty good chance of denial—an estimated 65 percent of all disability applications are denied— even though situations may warrant approval. This is partially due to the overwhelming volume of applications sent to the Disability Determination Services (DDS - your state may use a different name for the agency). Each application is reviewed with scrutiny to dispel any fraud.

Benefits Denied? Here’s What to Do Next

Your next step is to file an appeal. Why? Because you deserve to know why you were denied. If you know why, you can then address the issue appropriately within the 60-day appeal deadline.

You may have missed a particular piece of documentation necessary to successfully approve your application. If that’s the case, an appropriate conversation with the correct medical personnel could solve the issue immediately.

Some cases may require you to seek the services of a qualified attorney, and if that’s the case, don’t shy away. The fact is most denied disability claims are never appealed due to the defeatist attitude of they won’t approve me if I appeal or the egregious error of filing a brand-new claim, which you should never do.

Hiring an Attorney Is Your Best Shot at a Successful Claim

The appeals process can be complicated, and it’s best to have all your bases covered in case officials want to be a bit stingy or stubborn:

  • The Appeal (Typically this is the first letter you write)
  • The Reconsideration (You get a follow-up from the DDS)
  • The Hearing (The actual “hearing” is scheduled)
  • The Council (If you’re still denied, an appeals “council” reviews the decision)
  • The Court (And lastly, you can then pursue your matter at the federal level)

The hope is to never have it go that far, but you never know with the way the system works and the possible disputes in your particular case. Having an attorney on your side who knows the system gives you a strong advantage.

Claim Denied? Be Patient, and Don’t Give Up

Only an attorney can surmise just how long it may take to resolve your case. Why? Because by law disability cases don’t even have any deadlines. There’s no telling whether it will take 90 days or 120 days total for your case to be resolved, so it’s therefore imperative that you seek the services of an attorney if your first application doesn’t go through successfully.

Want to learn more about the disability law, benefits, claims and appeals? Seek the advice and input of a qualified attorney today.

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