Approved For Federal Benefits, Denied State Benefits

For individuals that are able to claim for state and federal disability programs, there may occur situations where one government level approves the claim and the other denies the claim. When this happens it is important to retain the services of an attorney to appeal your denial. Typically when federal benefits have been approved and state benefits have been denied there is a good chance of having your appeal approved if you have legal representation.

Forms and Applications

The first step in the process is to file the appropriate disability forms to start the application process. Typically within a short period of time you will be informed if the application has been approved or denied. Upon a denial, which can occur if paperwork is incomplete or inaccurate or if the reviewer doesn't believe the criteria has been met, there is still the possibility to file an appeal. Medical reports may be provided on both the appeal and the first application but will definitely be instrumental in having the denial reviewed.

In most cases the initial review will be completed within a period of up to six months, with a written report provided as to the reasons for the denial. This information can be used in filing your appeal.

Administrative Appeals

Although each state has its own process, almost all states offer several progressively more significant options for applying for denied benefits. A specific form for an appeal is usually the first step that allows you to begin the process. If this appeal is not successful, an administrative appeal may be the next level possible. This is different than an informal appeal and is conducted by an Administrative Law Judge (ALJ). This judge has extensive experience in Social Security Law and claims and they will review all information from the file. This can include calling witnesses and providing more testimony and evidence. In most states the hearing will be conducted within a few months of filing for the administrative hearing but it will not be an immediate process.

Legal Information and Advice

In the event of a denial of disability benefits it is essential to consult with an attorney that is experienced in representing clients that have been denied benefits. The attorney can assist is compiling medical information, preparing expert witnesses and providing information on your options moving forward. Since the process can be expedited by having the appropriate legal representation, this is an important consideration if any denial of benefits has occurred.