Appealing Your Denied Social Security Disability Claim
Most initial claims for Social Security Disability (SSD) benefits are denied. But you have the right to appeal if you were denied because of failure to follow prescribed therapy or lack of medical evidence. At Fields Law Firm, we have experience handling Social Security Disability appeals, and we’re here to help prepare a strong appeal on your behalf.
If you have questions about filing your disability appeal, Social Security Disability attorneys are here to provide you with the answers you need. You’re not alone if your SSD claim was denied – we understand, and we’re here to listen to your story.
It costs nothing to get answers to your questions –
The 4 Levels of Social Security Disability Appeals
If you choose to file an appeal, you have 60 days from the date you received your denial letter from the Social Security Administration (SSA).
Once your appeal is filed, you will go through up to four levels of the SSD appeals process:
1. Reconsideration
An official from the SSA’s Disability Determination Services (DDS) who had no part in reviewing your initial application will review your disability claim, along with any new evidence.
2. Hearing
If you disagree with the DDS’ decision on your reconsideration, you can request a hearing. During your hearing, an Administrative Law Judge – or an ALJ – will question you about your disability claim. Your attorney will be present through this entire process.
3. Appeals Council Review
You may request that the SSA’s Appeals Council review your claim if the judge did not follow the law. If your request is granted, the Appeals Council will review your claim, or they will send it to an ALJ for further action.
4. Federal Court Case
Finally, if you are still unsatisfied with the decision after the Appeals Council’s review, your attorney can file a lawsuit in a Federal District Court.
Appealing your claim isn’t the only option you have if you were denied benefits. Other options may be available to you, such as filing a new social Security Disability application with new evidence or reopening your claim.
Disability Appeal Process
Applications for Social Security Disability Benefits are often denied. They can be appealed, however. There are several stages of an appeal, each with a different function.
Two Important Stages of Disability Appeals
The Reconsideration appeal stage is an important step in your Social Security Disability claim. Providing inadequate information on not properly describing your condition and/or updated medical treatment may lead to your claim being denied again.
The Request for Hearing is the most critical stage of your disability claim. The majority of claimants must attend a hearing before a judge, and it is very important to have an attorney represent you in this process.
At both these stages, we help claimants deal with Social Security, request medical information and treatment records, and reach out to your primary treating physicians for opinions concerning your condition. We also routinely follow up with the Social Security Administration to ensure that your claim is being handled properly, efficiently, and as quickly as possible.
The main appeal stages are as follows:
Fields Law Firm Disability Attorneys Can Help
As attorneys, not only do we have great knowledge and experience with the legal aspects of Social Security Disability, but have also often appeared before the same judges assigned to your case. It is to your advantage to have an attorney on your side who has previously been before your judge. This allows us to properly prepare your case and anticipate how the hearing may be conducted.
Regardless of what stage your claim is in, we know what is most important and what it takes in order to be successful in your case. Whether you have already been denied and need help appealing, or just have questions about your Social Security Disability claim, contact an experienced Social Security Disability attorney at Fields Law Firm for a free consultation today.