If your social security disability claim is denied there is no reason to give up! In fact, out of the millions of applicants for social security disability, only about 30% are approved their first try. The other 70% are left to appeal the Social Security Administration’s decision. Fortunately, a Social Security disability attorney can help you through the appeals process, giving you more chances at getting the compensation you need.
Your social security disability lawyer should present you with your options following a denial of your claim. You must work your way through each step of the appeals process, as it escalates based on whether further appeals are approved or denied.
Working with your disability attorney to appeal is important. The odds of your claim being approved increase as you appeal and present more evidence, and many social security disability claims are denied in the earlier stages of the process. Appealing takes time and effort, but if you need benefits, may be your best option for success.
If you are denied, the first step in the appeals process is a request for reconsideration. You can ask for reconsideration as soon as you are denied, and should do so before the time limit of 60 days from receipt of the decision expires. Be prepared to have this appeal denied as well, as this is a common. Your social security disability lawyer can give you more information about the likelihood of the reconsideration going through.
Next, you should request a social security disability appeal hearing with an administrative law judge. Again, make this request timely. Your disability attorney can help you collect the documentation you need to make your case, and assist you in filing for the hearing.
If the hearing does not get the results you want, you can file an appeal with the social security appeals council. The council can deny your request, return the case to the administrative law judge for a new decision, or issue a decision and award you benefits.
Finally, the last option is to appeal to the federal court. Your disability attorney can be very useful in this step of the process, if he or she has experience in the court system. It is important to hire an experienced attorney. Not every attorney or representative is willing to proceed to federal court and many who do won’t agree to handle claims for people who were represented by others at the hearing stage. So, you should consider this when hiring your attorney.
The federal judge has the option to send the case back to an administrative law judge, affirm the previous decision and deny your claim, or reverse a previous decision by the administrative law judge and choose to award you benefits. There are limited grounds upon which the court can rule. The federal judge cannot reverse a decision just because the judge believes the administrative law judge decision was wrong. There must be legal error, no reasonable evidence to support the earlier decision or new evidence that meets the legal requirements to justify a remand.
If you do not yet have an attorney representing you in your disability claim, contact Schiffman Law Office, P.C. today.