After receiving a Social Security disability denial, injured employees face many difficult questions and decisions. Should I appeal my case?
How long will the process take? Can I do anything to improve my chances? Many wonder if they can or should seek the help of a legal professional.
This blog post will explore the benefits of hiring a lawyer for a Social Security Disability appeal. We’ll discuss what the Social Security Disability Insurance (SSDI) appeal process involves and the support an attorney can offer at each step of the way.
For assistance, please contact us online or call (800) 801-0598 today.
Should I Hire an SSDI Appeal Lawyer?
Like the SSDI application, you don’t need a lawyer to file an appeal after an SSDI denial. Applicants may choose to independently take on the appeals process, including managing deadlines, medical records, and a formal hearing.
However, doing so is generally not in your best interest. The SSDI appeal process is complex and time-consuming. It has several stages, each involving strict technical procedures for advancing your case.
Missing deadlines or paperwork can mean the swift end to a months-long effort to get benefits.
The support of a qualified attorney is essential for employees seeking to challenge an SSDI denial effectively. A legal professional has the time, training, and resources to manage the complicated procedural requirements of the appeals process.
With the guidance of an SSDI attorney, you can increase your chances of a positive outcome and reduce the time needed to get there.
Benefits of Hiring an Attorney for an SSDI Appeal
A lawyer’s knowledge and legal skills are valuable at every step of an SSDI appeal. Let’s walk through some specific ways an attorney can help with the demands of the appeal process.
Evaluating Why Your Claim Was Denied
In 2019, only around 40% of disabled workers were approved for benefits with their initial application. Understanding why the Social Security Administration (SSA) rejected your claim is a critical step in your appeal.
Some of the common reasons the SSA denies disability claims include:
- Not enough work history,
- Too much gainful income,
- Clerical errors in application forms,
- Insufficient medical evidence,
- Drug or alcohol abuse,
- Missing documentation (e.g., W-2, tax return, birth certificate),
- Failure to follow SSA instructions, and
- Incorrect contact information.
The SSA should include the reason for denial in your decision letter. However, many applicants need help decoding the complex administrative language or fully comprehending the problem with their initial application. A lawyer can review your denial letter and identify the reason(s) the SSA rejected your application.
Submitting Additional Evidence
Once you understand the reason for your denial, your attorney can help correct the gaps in your application in the first stage of the appeal process.
This phase is known as “reconsideration.” During this stage, someone who wasn’t part of your initial evaluation will review your case.
Reconsideration is your chance to add valuable evidence and documentation to your application, including information about your:
- Finances,
- Employment history, and
- Disabling medical condition.
Lack of evidence of disability is one of the most common reasons for SSDI denials. However, an attorney who understands how to gather evidence can help you accurately portray your condition.
Professional support is essential at this step if your condition isn’t a qualifying disability included in the SSA’s Blue Book.
Whatever your condition, a lawyer can work with your doctor to ensure you have sufficient documentation of your symptoms, your treatment plan, and the impact of your limitations on your ability to work.
Preparing for a Hearing
Your attorney’s legal experience is a key resource when it comes to the next stage of the appeal, the administrative hearing. If your appeal is unsuccessful at the reconsideration phase, your attorney can request to have your case reviewed by an administrative law judge (ALJ).
With your lawyer’s guidance, this hearing can be a valuable opportunity to clarify certain parts of your application. Before the hearing, your lawyer will help you prepare to testify about your condition and answer the judge’s questions.
During the hearing, they can present additional evidence and witnesses to support your case for disability benefits, such as doctor’s statements and specialized medical experts. They will also cross-examine any expert witnesses brought in to testify against you.
Identifying Administrative Mistakes
If the administrative hearing is unsuccessful, an attorney can help you take your claim to the next step in the appeals process. This involves requesting the SSA’s Appeals Council to review the ALJ’s decision. Your lawyer will point out errors of judgment made by the ALJ and prepare a written argument demonstrating why your claim deserves further consideration.
Arguing for You in Federal Court
Skilled legal representation is essential at the final stage of an SSDI appeal. If the Appeals Council denies your case, your attorney can file a complaint and bring a claim before federal district court. Your advocate will prepare a brief arguing for the mistakes made in earlier stages of the review. They will also represent you and your interests before the court.
When to Hire an SSDI Appeal Lawyer
The best time to hire a lawyer for a Social Security Disability appeal is immediately after your denial. You only have 60 days after you receive the decision letter to file an appeal for reconsideration. Consulting with an attorney as soon as possible allows your advocate to thoroughly analyze your case and collect the evidence you need for a strong appeal.
Trusted Advisors for Your Social Security Disability Appeal
When your and your family’s livelihood depends on access to disability benefits, receiving an initial denial letter can be devastating.
However, you don’t have to give up hope. An experienced SSDI attorney is one of the most effective tools for reversing a denial and getting the vital financial support you deserve.
At Pines Federal, our attorneys have over 60 years of combined experience helping employees navigate all stages of the disability appeals process.
Our advocates are seasoned litigators and dedicated representatives ready to put our knowledge to work to serve you. If you’re concerned about a disability denial, contact our office online or call (800) 801-0598 today to learn more about how we can help.