Social Security Disability Cases Take Assertiveness & Grit
Getting your social security disability benefits should be a walk in the park right? After all, you’ve worked all your life, paid into the system. When you get hurt or can’t work for whatever reason, most people think filing a claim should be the easy part. It’s not.
The process for Social Security Disability can be grueling, especially when you’re worried about how you’ll get by and support your family if you’re unable to work. After waiting months for a response, being denied Social Security Disability is disheartening. The Team at Stanley Law understands how devastating a Social Security Disability claim denial can be but don’t give up hope and don’t go it alone. “Denials are common and there are several options for appeal that can lead to being approved and getting the benefits you need,” says Shreya Bhardwaj, an attorney at Stanley Law Offices dedicated to Social Security Disability cases.
Initial Social Security Disability Applications Are Often Denied
The Social Security Administration applies strict standards to prevent fraud in the disability benefits system. The SSA’s definition of disability is very narrow, and it must be listed in the Blue Book, which lists eligible impairments and their specific symptoms. If your condition or symptoms aren’t listed in the Blue Book, your initial application will most likely be denied. Social security disability claims also require stringent medical documentation, even if you have a listed impairment. However, if your claim has been denied, there are several steps you can take to appeal the determination.
Remedies For Denied Social Security Disability Claims
It’s critical to act fast and contact an experienced social security disability lawyer if you receive a denial. An attorney can review your application and medical records and determine the most effective course of action for reconsideration and appeal. There are four options that may be possible if your initial claim is denied, including:
A request for reconsideration – You can ask the Social Security Administration to have a disability claims examiner reevaluate your case. Your claim will be reviewed by a different examiner than the person who initially considered your application. You have only 60 days to file a request for reconsideration. If you miss this deadline you’ll have to start your claim over from the beginning.
A disability benefits hearing – This type of hearing is heard by an Administrative Law Judge (ALJ) who works for the Social Security Administration. In this hearing you can present evidence that supports why you should be entitled to receive benefits. Although you’re not required to have an attorney present, it’s a good idea to seek legal counsel well before your hearing. A lawyer can help you properly prepare and act as your advocate. The Social Security Administration will make its own argument about why your claim should be denied. After all the evidence is heard, the Administrative Law Judge will make a determination about whether or not you should receive SSD benefits.
An appeal to the SSA appeals board – The Social Security Administration will conduct an internal review of the previous decisions that were made regarding your case to determine if any errors were made or if you were treated unfairly.
Appeal to the Federal District Court– This step is an appeal to a legal authority outside of the Social Security Administration. At this stage you are bringing a civil action against the Social Security Administration for their denial of your Social Security Disability benefits. Although the court is often deferential to decisions that have already been made, they may reverse them and approve your claim if were obvious procedural or administrative problems with how it was handled. Appealing to the federal court is daunting. An attorney can help you understand the process and file the complaint on your behalf.
Most of this litigation involves back-and-forth briefs filed by your lawyer and the SSA’s attorney. In some cases, a judge will want to hear oral arguments. The judge will then come to a decision regarding your benefits, which may take months or even more than a year. The Federal District Court may reverse the SSA’s decision and grant you benefits, deny your benefits, or send your case back to the SSA for further review.
Contact A Social Security Disability Lawyer To Learn More
At Stanley Law, we’ve helped thousands of clients get their benefits after a Social Security Disability denial. Joe Knows how stressful and overwhelming the SSD appeals process can be. Our dedicated Social Security Disability team will leave no stone unturned when it comes to helping you obtain the benefits you need and deserve to protect your family’s financial future. Contact us online or call 1-800-607-3333 today. Our offices are located in Binghamton, Syracuse, Watertown, or Rochester, New York, and Montrose, Pennsylvania. Se habla español. We can also provide consultation online if you’re comfortable meeting virtually.