Expert Help for SSD/SSI Claims and Appeals
Getting disability can be a difficult process; however, most people win their claims at the appeal level when they go before an appeals judge to present their cases in person. Having an attorney to present your case and the evidence of your disability will greatly improve your chances of being approved for disability.
The Social Security Disability Appeal Process Has Four Steps:
If your claim has been denied, you will receive a denial letter which states why your claim was denied and what the deadline is for filing your appeal. If you miss the deadline, you will have to begin the whole process over again. If your claim is denied contact us to help you navigate through the appeal process and deadline and improve your chances of being approved.
First Step: Request for Reconsideration
Though some states do not allow this level, in most states, you can ask for reconsideration of your claim, and the reconsideration will be performed by a medical consultant and an examiner who were not part of the original assessment of your claim.
Second Step: Request A Hearing Before an Administrative Law Judge
If you were denied for disability again, you’ll receive a letter like the first one stating the deadline to appeal the decision. You must request your hearing within 60 days.
When you go to your hearing before an administrative law judge, you should have an attorney represent you to help you present your medical and all other evidence. You have a good chance of being approved at the hearing because you and your attorney can present your case in person, and also call witnesses such as your physician(s) to testify on your behalf about your prognosis, your level of functioning and why you cannot work. You can bring a vocational expert, who can testify about your past work and why you cannot do it or any other work.
At this point of the appeals process, it is a very good idea to have a lawyer for Social Security disability appeal who is experienced in presenting cases before the judge. Your attorney knows how these hearings usually go and also is experienced in what evidence to bring and which questions to ask you and other witnesses.
Third Step: Request a Review by the Appeals Council
Though a small percentage of claims are granted in a review by the Appeals Council, most often they deny claims at this stage. The Appeals Council is looking for procedural errors in your process or prejudice in hearing your case.
Final Step: Federal Court Review Hearing
Though you have a good chance of winning before a federal judge, suing in federal court is costly and takes time. Another option would be to refile your claim, and start the process over again. If you’ve gone through the process without an attorney, you might be better at it a second time around.
As you can see, appealing a decision in order to get SSD or SSI benefits can be a complicated and laborious process. Having a disability attorney who knows how to navigate the system is critical. Attorney Rand will always stand up for your rights and will work hard to ensure your paperwork is completed, deadlines met, and all the necessary evidence is submitted.
Contact a Massachusetts disability lawyer for a free consultation
Let us handle your claim issues why you focus on recovery and getting back to work. Attorney Rand has worked as a federal employee and as a claimants' attorney in the area of Social Security law offering representation at all levels of appeal. With over 35 years of experience in the practice of Social Security disability law, Attorney Rand’s practice strongly focuses on all aspects of Social Security disability law. He has represented Social Security clients on a national basis, appearing at administrative hearings and as counsel of record in over 15 states. If you would like help going through this tedious process of obtaining benefits through the Social Security Administration, you should call the Law Office of Lindsay Preston Rand at 781-664-9385 or contact me online, before you file a disability appeal. Attorney Lindsay Rand works on a contingency fee basis and he doesn’t get paid until and unless he wins your claim.