What Goes into Appealing a Disability Denial?
Appealing after you’re denied disability benefits is more complicated than applying in the first place.
This task involves more than gathering information and filling out forms like you did before, even though that was a lot of work, too.
Now you need to study why Social Security denied your disability benefits and create a strategy to persuade it to reverse the decision.
This is some of what goes into appealing a disability denial:
- Searching for flaws in Social Security’s reasoning
- Analyzing your own application to find the weaknesses
- Gathering updated medical evidence and information
- Likely filing for a hearing with a disability judge
- Preparing arguments and submitting legal briefs before your hearing
- Preparing you to testify at your hearing
- Preparing you to testify at your hearing
- Preparing to question health and workplace experts who testify about you
Applying for disability benefits feels like a bureaucratic paperwork process. Appealing a denied disability claim is a much more legalistic process.
Not only does a Social Security Disability attorney take on the technical work and make this easier for you, your chances of winning a Social Security appeal are greater with a lawyer.
Government numbers have shown that people who brought representatives with them to their disability hearings were almost three times more likely to win benefits.
And you don’t have to pay to get a disability lawyer on your case. You only pay a Social Security Disability lawyer out of back benefits you receive when you win.
Let’s have a conversation about turning your disability denial into an approval. That also doesn’t cost you anything.
What Does the Security Disability Appeals Process Looks Like?
You probably haven’t dealt with this giant government program, and its thousands of rules, before.
Social Security has multiple levels for appealing disability denials.
If you’re denied again at any of these steps, you can go on to the next one:
- Reconsideration. First you ask Social Security to reconsider its decision. Someone different from the original examiner looks at your case. You can update the evidence in your file based on why you were denied, but most people still get denied again on reconsideration.
- Disability Hearing. After a reconsideration denial, you can ask for an administrative law judge (ALJ) to review your case. This is when you’ll attend a hearing and personally talk to the judge. This step is often the best chance to win benefits.
- Appeals Council. If the judge turns you down, you can ask a group at Social Security called the Appeals Council to review the judge’s decision. What you focus on at this stage is arguing that the judge made a mistake. But it’s rare to win benefits here.
- Federal Court. Most people who go to the Appeals Council will next file a lawsuit in federal court. Now a federal judge, not a Social Security judge, reviews whether the Social Security process got it wrong. The judge could award you benefits, or more likely they’ll send your case back to Social Security with instructions to make a different decision.
The Social Security Disability appeals process is a lot of work, a lot of stress. It takes a long time. It’s better when you know that someone skilled—like the Georgia disability lawyers at Silver & Archibald—is taking good care of your case.
Don’t delay getting in touch with us. Financial relief and a greater sense of peace could still be yours.
Get to Know Silver & Archibald Disability Attorneys
Legal cases involving your health struggles are highly personal matters. When you’re looking for help, you want someone who treats you with the personal care, respect, and dignity that this moment requires.
Answers to Common Questions About Social Security Disability
Social Security Disability is a huge program with a vast set of rules. As a resource for you as you sort out your disability claim, the disability lawyers at Silver & Archibald have prepared answers to some of the most common questions people have.
Common Disability Benefits Questions »
X
By providing the information above, I grant permission for a licensed insurance agent from Silver & Archibald to call, text, or email me regarding my Medicare health plan options including Medicare Advantage Plans, Medicare Supplement Plans, and Prescription Drug Plans.
The person who will be discussing plan options with you is contracted by a Medicare Health Plan or Prescription Drug Plan and is not affiliated with or endorsed by the government or Federal Medicare program. Calls may be made by auto dialer, text or robocall and are for marketing purposes. Cellular carrier charges may apply. You can change permission preferences at any time by calling 706-410-9292. There is no obligation to enroll. Signing this form does NOT affect your current enrollment, nor will it enroll you in a Medicare Advantage Plan, Prescription Drug Plan, or other Medicare plan. This is a solicitation for insurance.