Social Security Disability Lawyers Appeal
Social Security Disability Lawyers Appeal: chances of winning a Social Security appeal
Facing the denial of your Social Security Disability (SSD) benefits can be disheartening, but the journey doesn’t end there. The appeals process is a critical juncture where the expertise of a dedicated Social Security Disability lawyer shines. This article explores the indispensable role these attorneys play in navigating the appeals process and securing the disability benefits you rightfully deserve. When an initial SSD application is denied, the appeals process becomes the next step in seeking approval for disability benefits. The appeals process involves multiple stages, including reconsideration, hearings before an Administrative Law Judge (ALJ), the Appeals Council, and, if necessary, federal court.
Is It Best to File a New Application or Appeal the Social Security Disability Denial Decision?
For most cases, it’s 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 a 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 (and lose your protective filing date).
How Do I Appeal a Denial of My Social Security Disability Claim?: chances of winning a Social Security appeal
- Reconsideration
- Hearing
- Appeals Council Review
- Federal Court Review
Do I Need a Disability Appeals Lawyer to Appeal a Social Security Disability Denial Decision?
While you are not required to have a Social Security appeal lawyer for the first three stages of the SSDI appeals process, we encourage you to consider enlisting the help of an experienced North Carolina Social Security Disability attorney for your appeal(s). The following chart is a depiction of the decisions made at each level of the Social Security Disability claims and appeals process in 2020 on a national level. At the initial determination level, 61% of the claims were denied – many because the applicants did not qualify – but some disabled people were likely denied because they did not understand the application process, include all the necessary information, or filed on a timely basis.
Social Security Disability Attorneys’ Primary Duties in the Appeals Process:
- Reviewing and Strengthening Your Case:
A proficient SSD lawyer conducts a comprehensive review of your case to identify areas that can be strengthened. This may involve gathering additional medical evidence, obtaining expert opinions, and addressing any shortcomings in the initial application.
- Representation in ALJ Hearings:
Appearing before an Administrative Law Judge is a crucial stage in the appeals process. A skilled attorney serves as your representative during ALJ hearings, presenting your case persuasively, cross-examining witnesses, and ensuring that all relevant evidence is considered.
- Navigating the Appeals Council:
If the ALJ decision is unfavourable, the case may be escalated to the Appeals Council. A dedicated SSD lawyer continues to advocate for your case, submitting legal arguments and evidence to support the request for a review.
- Federal Court Litigation:
In rare cases, the appeals process may extend to federal court litigation. A seasoned SSD attorney is equipped to navigate this complex legal terrain, filing the necessary legal briefs and presenting a compelling case to the federal court.
- Expertise in Changing Regulations:
Social Security Disability laws and regulations are subject to changes. An experienced attorney stays abreast of these changes, ensuring that your case is aligned with the latest legal requirements throughout the appeals process.
- Providing Support and Guidance:
The appeals process can be emotionally challenging. A compassionate SSD lawyer offers support, guidance, and reassurance throughout the journey, helping you navigate the complexities with confidence.
Social Security Disability lawyers play a pivotal role in the appeals process, turning the tide for individuals who face initial denials. Their expertise in strengthening cases, representing clients in hearings, and navigating the various stages of appeals is invaluable. If you find yourself during an SSD appeal, seeking the assistance of a trusted Social Security Disability lawyer can make a significant difference in your quest for the disability benefits you rightfully deserve.