Getting denied Social Security Disability (SSD) can feel devastating, especially when you’re struggling with a serious medical condition. However, a denial doesn’t mean your case is over. Many people who are initially denied benefits go on to win their cases through the appeals process.
If you’ve received a denial letter, working with an experienced Social Security Disability appeals attorney can improve your chances of getting the benefits you deserve. Contact our law firm today to schedule a free consultation with an attorney who understands your situation. We have over 100 years of combined legal experience in Social Security Disability law.
Why Disability Claims Are Denied
The Social Security Administration (SSA) denies approximately 60-70% of initial disability applications. Common reasons for denial include:
- Insufficient medical evidence
- Failure to follow prescribed treatment
- Income above Substantial Gainful Activity (SGA) limits
- The SSA’s determination that you can still work
- Missing deadlines or incomplete applications
- Lack of proper documentation
- Strict medical requirements
Many of these denials are not based on the merits of your case, but rather on technicalities or missing information that can be corrected during the appeals process.
Why Legal Representation Matters for Appeals
The appeals process involves complex legal and medical requirements. It’s easy to feel overwhelmed by the process and uncertain of how to improve your claim. Working with an experienced disability attorney can help you avoid costly mistakes, such as missing deadlines, failing to submit crucial evidence, or not properly preparing for a hearing.
At Drozdowski & Rabin, PLLC, we know how to present your case in the most favorable light. We will review your claim and identify any issues that may have led to your initial denial. We also help address any concerns an Administrative Law Judge may have about your claim during your hearing.
The Four Levels of Disability Appeal
When filing a Social Security Disability benefits appeal, there are four levels:
1. Reconsideration
Reconsideration is the starting stage of appeal, where a different SSA examiner reviews your disability claim. You have 60 days from receiving your denial letter to request reconsideration. While many reconsiderations are also denied, this step is necessary to move forward in the appeals process.
2. Administrative Law Judge (ALJ) Hearing
If your claim is denied again, you can request a hearing before an Administrative Law Judge. This is often where cases are won. During the hearing, you can testify about how your condition affects your daily life and ability to work.
Having a lawyer for your Social Security Disability appeals hearing is crucial. Our team knows what evidence to present and how to effectively argue your case.
3. Appeals Council Review
Should the ALJ reject your claim, you have the option to ask the Appeals Council to examine the judge’s ruling. The Appeals Council may agree to review your case, deny the review, or send the case back to the ALJ for further consideration.
4. Federal Court Review
The final level of appeal is filing a civil suit in a federal district court. This level calls for experienced legal representation due to the complex federal court procedures involved.
How Our Social Security Disability Appeals Lawyers Can Help You
Building a Stronger Case
Our experienced team knows what the SSA looks for in successful disability claims. We can:
- Identify weaknesses in your original application
- Gather additional medical evidence
- Obtain detailed statements from doctors
- Ensure all necessary forms are completed correctly
- Meet all critical deadlines
Preparing for Your Hearing
An ALJ hearing is your best opportunity to win your case. Your disability appeals lawyer will:
- Help prepare you for questions
- Review your medical records and testimony
- Present evidence that clearly shows how your condition prevents you from working
- Cross-examine any vocational experts called by the SSA
- Make compelling legal arguments on your behalf
Understanding Complex Regulations
Social Security Disability law is complex and constantly changing. Our attorneys stay current with SSA regulations, court decisions, and policy changes that could affect your case. We understand how to navigate the system effectively and avoid common pitfalls that could harm your appeal.
The Appeals Process
The appeals process can take time, even as long as 24 months from the initial appeal to a decision. During this time, it’s important to:
- Continue following your prescribed medical treatment
- Keep detailed records of your symptoms and limitations
- Stay in contact with your attorney
- Update your attorney about any changes in your condition
- Be patient while your case moves through the system
At Drozdowski & Rabin, PLLC, we understand the financial and emotional stress that comes with a disability denial. Our team is committed to fighting for your rights and helping you get the benefits you need to support yourself and your family. We can also help you seek support from programs and organizations outside the SSA while you await your disability determination.
Get Experienced Help With Your Disability Appeal
Don’t let a denial discourage you from pursuing the benefits you deserve. Remember these key points about Social Security Disability appeals:
- Most initial applications are denied, but claimants can win on appeal
- The ALJ hearing level offers your best chance of success
- Having experienced legal representation improves your odds
- There are strict deadlines that must be met at each appeal level
- Appeals take time
If you’ve been denied Social Security Disability benefits, time is critical. Call Drozdowski & Rabin, PLLC, to discuss your options. Our experienced Tennessee disability denial claims attorneys are ready to fight for the benefits you deserve.
With our 100+ years of combined experience and flexible meeting options, we have the knowledge and dedication to handle your appeal effectively. We also work on a contingency fee basis, which means you don’t pay attorney fees unless we win your case. This allows you to get experienced legal representation without worrying about upfront costs during an already difficult time.
Contact us to schedule a free consultation and take the first step towards qualifying for benefits.
