Appealing Your Denied Claim for Developmental Delay

People struggling with severe disabilities such as mental retardation, cerebral palsy, autism spectrum disorder, Down syndrome, Fetal Alcohol syndrome and similar disabling conditions may be said to have a “developmental delay” disability.   These types of mental and physical disabilities can significantly interfere with an individual’s ability to work or, if a child, to function on a level comparable to other children their same age and benefits are routinely extended to many individuals suffering from a developmental delay related disability. 

Based on a general history of similar developmental disability claims being extended benefits it may be reasonable to assume that if a valid claim for developmental disability benefits has been turned down by the Social Security, the reason for the denial may involve a failure to provide sufficient medical evidence of the disabling conditions.  It then may be important to take the necessary steps to appeal the disability determination decision. 

The Appeal or Disability Claim Reconsideration Process

The applicant who has received a claim denial notice must request an appeal of the decision.  The request must be made in writing.  The Social Security has a special form that can be used for this purpose or an applicant can submit a signed note with his social security number stating that he wants to appeal the decision in his case.  If a developmental delay disability claim was denied for medical reasons the applicant may even make the request for an appeal on-line.  An applicant has sixty days starting from the date appearing on the letter noticing him of the adverse decision to request an appeal of that decision.  If the request is not made within the sixty day period the right to appeal may be lost.

When a reconsideration of a claim, or an appeal, of a developmental delay disability it will likely be placed under a process called “case review.”  Case review is a claim re-examination process where Social Security reviews the contents of the applicant’s file along with any new medical or documentary evidence submitted by the applicant to come to its second disability determination adjudication on appeal.

Getting Legal Help

If you or a member of your family has received an unfavorable decision concerning a claim for benefits in based on a developmental delay disability from the Social Security, or from the Supplemental Security Income program, it may be helpful to contact a disability attorney to help to resolve the issues which may have resulted in the application denial while moving forward in the claim reconsideration or appeal process.