Present Ability Compared To Past Performance
The SSA wants to know if a persons impairment prevents him or her from presently doing the work that he/she was capable of doing within the last 15 years. The SSA also aims to figure out if the impairment prevents the person from doing any other kind of work. To determine this, SSA looks at grid rules in the Medical-Vocational Guidelines that consider age brackets and physical exertion levels. These grid levels favor people who are over 50 years old, are limited to sedentary work, and have limited transferable work skills.
The Benefits Of Hiring An Attorney For Your Social Security Disability Appeal
It is best to hire an attorney before you file your SSD claim. By getting your application right the first time, an attorney can help you increase your chances of initial approval and decrease the amount of time it might take to receive a determination.
Even if you did not hire an attorney to help with your initial SSD application, it is not too late to hire one and benefit from their services. At the appeals stage, a Social Security Disability appeal lawyer could help you by:
- Preparing you for questions you may be asked by the administrative law judge
- Ensuring you meet all appeal deadlines
- Submitting additional medical evidence to support critical issues in your case
- Answering your questions and providing you with peace of mind
- Handling the process for you and allowing you to focus on your own health and comfort
Preparing for reconsiderations and appeals is often a complex and perplexing process that calls for the completion of several forms and an understanding and compliance with all applicable deadlines. If the reconsideration of your SSD claim is denied, you must request a hearing within 60 days of the date of denial. If your condition deteriorates and there is new medical evidence for the ALJ to consider, the evidence must be submitted no later than five business days before the hearing. Otherwise, the ALJ may refuse to consider the evidence. If you do not request a timely appeal or submit evidence within the deadline, your SSD could be denied.
Ask The Right Questions
Finding a disability advocate or lawyer willing to take your Social Security Disability case should not be a problem. Finding a disability advocate or lawyer that is actually qualified to handle your disability claim can be a little trickier.
When retaining the services of a disability lawyer or advocate, you absolutely must ask the right questions. The last thing you want to do is hire an advocate or attorney, only to find out that the professional you have chosen is not all that you had hoped for.
This is why you must ask the right questions and get as much information as possible prior to deciding which advocate or lawyer you will work with.
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Why Hire Fusco Brandenstein & Rada Pc To Handle Your Appeal
Fusco, Brandenstein & Rada, P.C. has represented thousands of disabled and injured New Yorkers for over four decades. Our veteran team of advocates knows what it takes to ensure that a claim is successful and we work tirelessly to make sure you get the benefits you deserve. You can read about some of our clients successes here. As our client, your well-being is important to us, and we are available 24/7 to answer any questions you have about your case.
Get The Help You Need Appealing Your Social Security Disability Claim Contact Attorney John F Mckeown Today
Appealing a denied Social Security disability claim may seem daunting, but there is no cause for worry. As a solo-practice attorney, I will work directly with you and make sure you understand what is happening at every step. To discuss your situation with me, schedule an initial consultation by phone at or contact my office by email.
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The Social Security Disability Appeals Process: Alj Hearing
After the Disability Determination Services agency completes its review of your reconsideration request, the SSA will issue a written decision on reconsideration. If your claim is once again denied, your attorney will formally request an administrative hearing.
To request the hearing, your attorney will file a Request for Hearing by Administrative Law Judge within 60 days of the date on your denial letter. At this point, you now have the right to have your case reviewed by an ALJ. During this administrative hearing, you can present testimony and documents regarding your disability and your inability to perform substantial gainful activity. Even though these hearings are informal, testimony is given under oath and the hearing is recorded. They are usually held in a conference room and not in a formal courtroom.
Your SSD attorney will give you advice on how you can get approved at the hearing. Examples might include submitting particular medical evidence or challenging the SSAs description of your past jobs.
Why You Need A Lawyer For Social Security Disability Appeal
Although it is not required to have a lawyer to appeal a Social Security disability decision, youll have a much better chance of success with your claim if you do.
An SSD attorney can help you determine why your original application was denied. If there were errors on your application or it was incomplete, an attorney can correct these mistakes to help your application be approved during the reconsideration process.
If your appeal goes to a hearing before an administrative law judge, it is important that you speak to an attorney first. These hearings are stressful and have certain procedures that must be followed. An attorney can help prepare you for this hearing so you can be one of the 50 percent of people that are approved during this stage.
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The Social Security Disability Appeals Process: Appeals Council
If the ALJ denies your claim based on the hearing, your next option is to appeal to the Appeals Council . This is done by filing a Request for Review of Hearing Decision . The focus of the AC is to review the decision made by the ALJ to determine if they committed substantial errors. Your SSD lawyer can help find any potential errors made by the ALJ and explain them in a written argument to be submitted to the AC.
There is no hearing or meeting with the AC. They review the circumstances and make a decision. If they determine that the ALJ was mistaken, they send it back to the ALJ for review. If they believe the ALJ was correct, your claim is denied, but you can appeal to Federal District Court.
Review By The Appeals Council
If you disagree with the decision from your hearing before an administrative judge, you may request a formal review of your case by Social Securitys Appeals Council. This council looks at all requests for review but may refuse to review a previous decision they believe is correct. They may also refer the case to another administrative judge for a hearing.
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Your Lawyer Can Help Get Doctors’ Opinions
A disability lawyer will contact your treating physicians to obtain their written opinions about your ability to work and how your medical condition limits you physically or mentally. Often, doctors are more likely to respond to an attorney’s request than to a patient’s.
If you don’t have a doctor you’ve gone to regularly or the doctor you’ve seen doesn’t support your claim, your disability lawyer can request that Social Security schedule a physical or psychological exam, or both .
Contact The Eichholz Law Firm
Our Social Security disability attorneys at The Eichholz Law Firm have years of experience representing clients in the initial application and appeals processes, as well as the necessary resources to ensure that these individuals receive the benefits they rightfully deserve.
Call our legal team at -551-1019 or fill out an online contact form.
References
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Ssa Disability Status Depends On The Ability To Work
The SSA must determine a persons ability to work based on their standards for disability. To make that determination, the SSA investigates a persons impairment to see if it prevents that person from substantial gainful activity . SGA is the persons ability to work and earn money even though he or she has a disability. If the SSA determines that you are capable of engaging in SGA, the SSA most likely will deny your benefits. When determining disability statute, there are a host of factors that the SSA considers.
The Basics: How To Appeal A Social Security Denial
Most appeals in Social Security cases must be filed within 65 days of the date on the denial letter. The SSA technically allows 60 days to appeal from the date that you receive the letter 5 days are added based on the assumption that it takes this much time for a letter to reach you. You never want to wait until the last day to file your appeal, but 65 days is usually the absolute deadline.
There are four levels of appeal:
If your initial application for disability benefits has been denied, then your next step is to request Reconsideration of your claim. When you request Reconsideration, you are asking for Social Security to take another look at its decision. As part of this process, you will need to provide any new information that you have that might change the governments decision.
A request for reconsideration can be filed online. Alternatively, you can print out Request for Reconsideration and Disability Report-Appeal forms to fill out by hand. You can then take or mail the completed forms to your local Social Security field office or the office that issued the denial letter. However you decide to complete your forms, this may be a good time to consider talking to a Social Security disability appeal attorney to review your options before going further.
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Grand Prairie Social Security Disability Benefits Lawyer For Denied Claims
When you need Social Security benefits, you really need them. When a disability prevents you from working and earning enough to meet your needs, you may have nowhere else to turn. This social safety net is in place for a good reason. No one should be left unable to provide for themselves due to a disability. When a new disability, like a car accident injury, removes you from the workforce, or if you were never able to work, Social Security can provide you with essential benefits. However, if your disability claim is denied, you may be left wondering, “Now what will I do?”
The Law Office of Dennis R. Croman, Inc. knows how frustrating and even panic-inducing a denial of disability benefits can be. Our firm is here to help you get the benefits you need. The Social Security appeals process can be very confusing. It can be hard to determine what type of appeal you need to make or how to navigate the process. Trying to appeal on your own may not produce the results you want. You need an attorney who is experienced with these cases.
How Are Social Security Attorney’s Paid
Typically, a Social Security attorney is paid only if you are successful in getting Social Security Disability benefits. Most Social Security attorneys offer a free case evaluation and only charge a percentage of the backpay that is awarded once you succeed in your application.
Before you file for disability benefits, start searching for a good Social Security attorney who will point you in the right direction and guide you through the application process.
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When A Lawyer May Be Able To Charge A Higher Fee
In a few situations, your attorney may be able to charge more than the $6,000 cap. Here are some examples:
- You fired your attorney and hired a second attorney.
- You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.
A common situation that requires a fee petition is where a claimant has a former disability lawyer who did not waive his or her fee when the client hired a new lawyer. When this occurs, the current disability attorney need to file a fee petition with Social Security so that the fee can be apportioned between the two attorneys. If both lawyers did a significant amount of work, Social Security may approve a fee higher than $6,000.
To charge a higher fee, your lawyer must submit a “fee petition” to Social Security and Social Security must approve it before the lawyer can ask you for the additional fees.
Is It Best To File A New Application Or Appeal The Social Security Disability Denial Decision
For most cases, its best to appeal the decision rather than start a new appeal for the following reasons:
- The majority of first-time Social Security Disability claims are denied, so unless there is significant new information about your case, it may be likely that a new claim will also be denied.
- When you first inform the SSA of your intention to file for benefits, a protective filing date, which is used to calculate possible back-pay, is established. If you choose to file a new claim, you lose this original protective filing date, which can result in significant loss of any back-pay.
- If you have new information and evidence for your case, you can still submit it via the appeals process and do not have to start a new claim .
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Attend A Disability Hearing
If the SSA denies your reconsideration appeal, you must request a hearing with one of their official hearing offices. The SSA then sends your case to the office serving your area and sets up a hearing date.
At the hearing, the administrative law judge reviews all the evidence in your application and any new evidence you bring to the hearing. This includes medical records, doctors statements, and testimony from medical or vocational experts.
After the judge reviews your evidence and hears testimony from experts or witnesses, they make a final decision. Usually, this part of the disability benefits application process takes the longest. Some claimants must wait upwards of two years in some states to get a hearing.
How To Check Your Status In Ssd Appeal
You can check the status of your appeal by going to the SSA website and logging into your Social Security account. You can also phone the SSA and speak with a representative.
If you are working with our Kentucky SSD appeal lawyers, we will regularly check the status of your claim and keep you informed about it.
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Administrative Law Judge Hearing
If the Request for Reconsideration is denied, your next step is to request a hearing before an Administrative Law Judge . This is known as the ALJ Hearing. Again, the 65-day timeline applies.
Often, the biggest mistake claimants make after a denial at reconsideration is not appealing to the next level, the ALJ hearing. This hearing is your chance to argue your case to the judge and present additional details and evidence including how your circumstances have changed since the previous decision. You have the opportunity to present your own witnesses and question any SSA vocational or medical experts who may be present at the hearing.
If you do not have legal representation by this point, it is to your definite advantage to retain an attorney. Most claims are won at the ALJ hearing with the aid of an experienced Social Security disability lawyer who understands how to fortify your case and work successfully with administrative law judges.
How Do You Appeal A Denied Ssd Benefits Claim
The process that you must follow to appeal a denied SSD benefits claim is broken into different stages. The first two stages are:
If the ALJ denies your claim, you can request a review by the Social Security Appeals Council. The Council has discretion on whether to hear your case. For instance, if the Council finds that the ALJ decided your case correctly, it will refuse to hear your appeal. However, if the Council decides to review your claim, it will either decide the case itself or send it back to another ALJ who will review your evidence. If the Council denies your claim again, then you have the right to file a lawsuit in U.S. District Court.
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Request For An Administrative Legal Hearing
If the SSA denies a claim after the claimant files the Request for Reconsideration, the applicant will receive a second notice of denial from the SSA. The applicant then has 60 days from the date on this notice to make a written request for a hearing before an administration legal judge who conducts legal hearings for the SSA. During the hearing, the ALJ may call on medical professionals, medical experts, and vocational witnesses to testify on pertinent matters during the court hearing. The intent of a legal hearing is to validate a credible Social Security disability claim.
Common Reasons Ssdi Claims Are Denied
Common reasons SSDI claims are denied include:
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