Social Security benefit denials are common, yet many individuals are unaware of their ability to appeal multiple times. With guidance from our Leesburg disability appeal attorney, you can gain deeper insights into the appeals process.
Have you received a letter from the Social Security Administration (SSA) stating that it denied your Social Security Disability Insurance (SSDI) claim? We understand how devastating such a letter can be. You may feel out of options, and the benefits you thought you were eligible for are now out of reach. Our Leesburg disability appeal attorney is here to put your mind at ease and explain that you have options if your claim has been denied.
The good news about a claim denial is you have up to four chances of approval through appeals. After opening your denial letter, your first step is to contact a skilled SSDI appeal attorney who can advise you through the appeal process as well as the timeline for each appeal. Having legal representation will give you your best chance of receiving benefits.
Appeal Step #1: Reconsideration
After receiving a denial for Social Security benefits, your initial recourse is to seek reconsideration, a crucial step in the appeals process. During reconsideration, your claim is returned to the Disability Determinations Section (DDS) for review by a different examiner than the one who initially assessed your case. This examiner evaluates your information to determine eligibility for medical disability benefits.
Gathering comprehensive medical records from all relevant healthcare providers is imperative to bolster your case. If you received treatment at multiple facilities, ensure that you collect and submit all past treatment records to provide the examiner with a comprehensive understanding of your medical history.
Appeal Step #2: Request A Disability Hearing
If your reconsideration appeal is denied, you can request a hearing before an Administrative Law Judge (ALJ). At your hearing, you will present your SSDI disability claim directly to an Office of Disability Adjudication and Review (ODAR) administrative law judge.
Considering the complexity of the proceedings, having legal representation from an experienced disability appeal attorney in Leesburg can be invaluable in navigating the hearing effectively and advocating for your rights.
Appeal Step #3: Social Security Appeals Council Review
Following an unfavorable decision by an Administrative Law Judge, you can seek further review by the Social Security Appeals Council. This council evaluates ALJ decisions to ensure they adhere to proper legal standards and procedures.
While the Appeals Council has the authority to overturn, uphold, or remand the ALJ’s decision for further review, it typically focuses on cases involving legal errors or procedural irregularities rather than reevaluating the medical evidence itself.
It is essential to understand that the Appeals Council review process does not include a new hearing; instead, it entails thoroughly examining the existing record and arguments presented during previous stages of the appeals process.
Working with an experienced SSDI attorney can be advantageous in preparing a compelling case for review by the Appeals Council, increasing your chances of a favorable outcome.
Appeal Step #4: Federal Court Review
After exhausting all administrative avenues, you can file a lawsuit in federal court if your claim remains denied following the Appeals Council review.
When pursuing a federal court review, your case is presented before a federal judge who evaluates whether the SSA followed the law and applied the correct legal standards in denying your claim. Unlike previous stages of the appeals process, which primarily focus on administrative procedures and factual determinations, federal court review centers on potential errors of law or procedural irregularities.
A federal court review is a complex legal proceeding requiring adherence to specific court rules and procedures. Therefore, having competent legal representation, such as an experienced SSDI attorney familiar with federal court litigation, is crucial to navigate this stage effectively. Your attorney can advocate on your behalf, present legal arguments, and ensure that your case receives fair consideration by the federal court.
Our Leesburg Disability Appeal Attorneys Can Help
You need an advocate whether you have received your first denial or are deep in the appeals process. Our team of disability appeals lawyers at Culbertson, Jacobs & LaBoda, PLLC, has gone through the entire appeals process numerous times and can guide you on the best ways to get the outcome you are looking for. Contact us today to discuss your case.