If you have submitted a Social Security Disability claim already and were denied (something that happens all the time), there is a specific process for moving forward. Re-applying over and over isn’t the best way to make your case, and your claim will probably be denied again.
The best way to proceed if you’ve been denied SSD is to sign on with a good attorney who will get you through the appeals process. Here are the possible steps that can occur through an appeal:
- The first step in the appeal process is submitting a Request for Reconsideration, which usually results in an affirmation of the original denial.
- The next stage is an appeal, in which the claimant requests a hearing before an Administrative Law Judge.
- If SSD relief is granted, it is generally as a result of the hearing before the Administrative Law Judge. A decision is either fully favorable, partially favorable or unfavorable.
- If you receive an unfavorable decision, the next step is to request that the decision be reviewed by the appeals council.
- If the appeals council affirms the Administrative Law Judge’s unfavorable decision, the next step is to file a law suit in Federal District Court against the Commissioner of Social Security.
- To prevail at the Federal District Court level, you must establish that the Administrative Law Judge’s decision is not supported by substantive evidence and/or the Administrative Law Judge committed errors of law.
It probably sounds complicated, which is why so many people recommend getting an experienced attorney for your SSD appeal if you’ve been denied already.
The attorney’s fee is limited to a relatively small percentage of your past due benefits, and only if the lawyer is successful. Nothing can be charged from your ongoing benefits. Also, there is a limited time to appeal, so you should begin working with an attorney as soon as possible if you’ve been denied benefits.
As qualified and experienced Social Security Disability attorneys, we can help you begin this process. Contact us today to get started.