Appealing a Denied Social Security Disability Claim
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Appealing a claim for Social Security disability after it was denied is almost always recommended. There can be as much as a 65% denial rate when it comes to filing an initial disability claim, but too many people simply give up, or they waste enormous amounts of time by filing again, a process by which they have little chance of winning. Instead, if you act quickly, you can appeal a denial so you can avail yourself of the disability benefits you deserve.
You have 60 days to appeal your claim's denial. If you have missed the deadline, you will have to file another claim, unless you can prove that you had "good cause" for appealing late.
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The legal team at the Fendon Law Firm, P.C. has more than 50 years of legal experience, and a
Phoenix Social Security disability attorney from our firm can assist you in any stage of this appeal process.
Appeals progress in the following order:
- Request for Reconsideration
- Administrative Law Judge Hearing
- Social Security Appeals Council
- Federal District Court
The Process of Appealing a Social Security Disability Case Denial
The first step you can take to appeal a denied claim is to fill in a form that requests a reconsideration. At this stage, most claims, about 85% of them, will still be denied. Then you can ask for a hearing before an Administrative Law Judge. At this hearing, medical records and vocational experts are consulted by the judge. Not only can a Social Security disability usually get all the required medical records quicker, but a lawyer can also collect further technical information from your medical providers.
An experienced lawyer can also help you face the hearing with confidence, helping you understand how the hearing will take place and what to expect when a judge questions you. Also, if the vocational expert insists that you are able to work despite your disability, an attorney familiar with your case can bring up factors that could cause this expert to go back on their previous assessment, enabling your disability claim to get accepted. At this ALJ hearing phase, statistics have established that working with a Social Security disability lawyer doubles your chances of winning your appeal compared to applicants who represent themselves in this hearing.
Finally, there are some cases that will still have to go before the Social Security Appeals Council so that the results of the ALJ hearing can be reviewed. If the claim is still not accepted, an applicant can still go before a federal court to file a complaint against the Social Security Administration.
Representation from Our Phoenix Social Security Disability Lawyer
At whatever point you find yourself in the Social Security process, you can find the knowledgeable legal counsel and skilled advocates you deserve at our Prescott, Flagstaff, and Phoenix offices. Find out how we can fight for you to receive the benefits you need when you call our firm today to schedule your free consultation!