You Have the Right to Appeal — Again and Again
The procedures to challenge a disability benefits denial are very specific and a social security lawyer can help protect your rights.
Many claimants are often initially turned down after applying for Social Security benefits, despite suffering from a qualifying illness or disability.
The Strom Law Firm is dedicated to helping you receive the disability benefits that you deserve.
If your initial claim for Social Security disability benefits is denied, don’t take it too personally. It is estimated that 80-90% of applications for Social Security benefits are initially denied. With so many claim rejections, it’s become standard practice to appeal denied Social Security benefits. And we can help.
Next Steps After Being Denied Disability Benefits
There are four escalating steps to take after your disability claim is denied. These steps must be followed in order :
File for Reconsideration
Request a Hearing
Appeal Hearing Decision
File Suit in Federal Court
Get Ahead With Legal Help
Hiring a Social Security attorney will increase the likelihood that you will win your Social Security disability benefits claim. The Strom Law Firm, L.L.C., will discuss the circumstances of the case with you and give you an opinion of the merits of your claim. We personally review each claim at this stage of the process and will update your medical evidence for Disability Determination Services to ensure that your medical documentation reflects your disability.
You have a limited time period to appeal your denial of Social Security disability benefits or risk having to start the entire process over, so please contact our office (888-490-2847) as soon as possible.
Step 1: File for Reconsideration
The initial appeal of your denial is called a request for reconsideration. While another disability analyst may review your file, it is very likely that the same medical doctor who initially reviewed your claim to determine whether you are disabled will review it again. Unfortunately, less than 20% of claims filed for reconsideration are approved.
In the event your request for reconsideration is denied, you have the right to appeal your denial and request a hearing before an Administrative Law Judge.
Step 2: Request a Hearing with an Administrative Law Judge
Even if you’re denied disability benefits following your reconsideration request, you can appeal the denial of benefits to an Administrative Law Judge.
As part of your appeal to an Administrative Law Judge, we will work with you to update your record to reflect any new medical information or changes in your condition that have occurred. We will try to win your claim without having to appear before the Judge, but if a Hearing is necessary to win your claim, we will be there to represent you.
Your social security hearing before the Administrative Law Judge is the most crucial stage of the appeal process, and where representation by Strom Law Firm, L.L.C., is most helpful.
An Administrative Law Judge will preside and testimony will be taken under oath, but the hearing is generally somewhat informal. It is private, usually held in a small room with only the Judge and his or her assistant, you, your attorney, and possibly your spouse or a friend.
As part of this hearing, your medical records will be admitted into evidence. You will be asked questions, either by the Judge or by your attorney, which you must answer to the best of your ability or recollection. The Administrative Law Judge may call experts including “Vocational Experts” and “Medical Advisors,” to testify about the possibility of training for a new job and the severity of the medical condition.
One of our social security attorneys will prepare you thoroughly for the hearing, so there is no need to be apprehensive. Its purpose is to seek the truth and to carry out the purpose of the Social Security Act.
If you receive an unfavorable decision from an Administrative Law Judge, you have the option of asking the Appeals Council to review that decision.
Step 3: Appeals Council Review
The Strom Law Firm has successfully appealed unfavorable decisions based on what we believe are errors of law. This step requires the attorney to file a legal brief with supporting arguments.
The Appeals Council will uphold the judge’s decision, remand the claim back to the Office of Hearing and Appeals for a new Hearing, or rarely it will reverse the Judge’s decision. The Appeals Counsel usually declines to review the judge’s decision rather than affirm it.
Step 4: Filing a Social Security Appeal in Federal District Court
If the Appeals Council does not find in your favor, the next step is to file suit in Federal District Court. We will review your case to determine if this is appropriate for your claim. In order to protect your rights, it is essential that you contact us immediately so that we will have a sufficient amount of time to evaluate your case and determine how to proceed.
One of our attorneys worked for a United States Magistrate Judge reviewing social security cases and understands what kinds of errors that federal judges look for in reviewing these cases.
Call to speak with a Georgia disability attorney at 912-264-6465 about your denied benefits. Or, complete the case evaluation form at the top right of this page to confidentially e-mail us questions and background details.
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