Statistics show that an applicant who has a disability attorney at the hearing level is twice as likely to be approved at the first hearing than a claimant without legal representation. If you get denied at the first hearing, then you will have to go before the Appeals Council, which can take much longer.
With an understanding of the process, an experienced Social Security disability appeals attorney can guide you to the best possible resolution. At Handler, Henning & Rosenberg LLC, we are dedicated to helping people across Pennsylvania with their appeals. To find out how we can assist you, give us a call at (888) 498-3023. The Four Levels of Appeal
Your disability lawyer or non-attorney disability representative (many of whom are former SSA field office workers or former disability examiners) will file all of your appeal paperwork for you, ensuring that it will be done in a timely manner, and done correctly. An obvious advantage of this, of course, is that you will not have to start the disability process again because of a late …
Jun 14, 2017 · Statistics show that an applicant who has a disability attorney at the hearing level is twice as likely to be approved at the first hearing than a claimant without legal representation. If you get denied at the first hearing, then you will have to go before the Appeals Council, which can take much longer.
What are the chances of winning disability on an appeal in Pennsylvania? ... improve if they have representation in the form of a qualified disability lawyer or non attorney advocate. ... Tim Moore represents claims at the application, reconsideration appeal, disability hearing, and appeals council levels in primarily the Raleigh, Durham ...
Disability benefits are there to help people who are seriously ill or injured pay for their medical bills and other expenses while their health keeps them out of work. At the end of 2012, the SSA (Social Security Administration) reported over 10 million Americans were receiving some form of disability with an average monthly benefit of $1,134.86. However, successfully qualifying is known for being a difficult process which often requires the applicant to appeal. In this post, we’ll take a closer look at how the appeals process works, and what to do if your social security disability claim was denied.
The ALJ hearing is named for the ALJ, or Administrative Law Judge, who presides over the meeting. However, the hearing does not always take place in person, and may be conducted over video teleconference (VTC) or even via phone.
It is very important that you make this request within 60 days of your original denial. If you miss this deadline, you will have to submit Form HHS-727 to the U.S. Department of Health and Human Services, so it’s best to simply be on time and avoid unwanted delays.
If you or your child has had a claim rejected by the SSA, an experienced disability attorney can help guide and represent you throughout the appeals process. To set up a free, confidential legal consultation, call the law offices of Young, Marr & Associates at (215) 701-6519 in Pennsylvania, or contact us online.
Medical denials generally occur when a claimant’s disability fails to match or equal the severity standards in the “Blue Book,” or Listing of Impairments, or when a medical condition doesn’t meet the SSA’s 12-month duration requirement. (However, there are some exceptions for advanced and very severe illnesses, known as Compassionate Allowances .)
If your claim was denied, the first step is to submit a formal Request for Reconsideration. The reason for your denial affects which forms you’ll need to submit:
When your claim is rejected, the SSA should send you a written notification which explains the reasoning behind the decision. If you disagree with this explanation, it may be time to appeal.
How Long Do I Have to File a Disability Appeal? If you were denied Social Security Disability Income (SSDI) benefits or Supplemental Security Income (SSI), you have the right to file an appeal, but you must file within 60 days. Waiting too long to file an appeal could jeopardize your right to appeal the SSA’s decision.
If the administrative hearing does not have the desired result, you can file a request for an Appeals Council review of your claim. The Appeals Council may send the case back to the administrative law judge or decide the case itself.
Reconsideration involves a complete review of your claim by a different SSA employee than the one who denied your first application. You can request a hearing with an administrative law judge if your claim is still denied after reconsideration. This judge will review all the evidence and documentation and render a decision. If the administrative hearing does not have the desired result, you can file a request for an Appeals Council review of your claim. The Appeals Council may send the case back to the administrative law judge or decide the case itself. If the Appeals Council has not approved your application, the final step is a Federal Court review, by filing a lawsuit in a federal district court.
One of the most important things you can do if your application was denied is to involve a lawyer. At Handler, Henning & Rosenberg LLC, we’ve seen too many people come to our firm in desperation because they chose to forgo legal counsel and are now facing the paperwork, hassle, and confusion of filing an appeal with the SSA. Fortunately, our Pennsylvania SDDI appeal attorneys can step in and get to work immediately, helping with your reconsideration, hearing, or review to seek the outcome you deserve.
If the Appeals Council has not approved your application, the final step is a Federal Court review, by filing a lawsuit in a federal district court.
The Social Security Administration may deny any SS DI or SSI application if they believe the applicant does not actually qualify for benefits. The SSA might deny your application if: Your condition does not meet the SSA’s definition of a “disability.”. You are still working and earning money.
However, if the administrative law judge (ALJ) denies your claim, you can go on to the third level of disability appeal.
However, if the administrative law judge (ALJ) denies your claim, you can go on to the third level of disability appeal. Appeals Council. You can ask the Appeals Council to review your claim. And, if denied, you can move to the final step. Federal Court Review.
Request for Reconsideration. This step is fairly easy – submit Form SSA-561, which you can do online. Be careful, though – you only have 60 days to request your reconsideration. If your request is denied, you may be able to proceed to the next level.
Your attorney or representative will be able to speak on your behalf. He or she may also ask you some questions.
The agency hopes that by the end of fiscal year 2022, the average appeal processing time will be no more than 270 days. According to the FY 2019 report, the agency’s average hearing wait time was currently around 515 days. The latest SSA chart currently shows 395 days is the average hearing processing time as of August 2020.
According to the OIG’s analysis, this trend began when the last major economic recession started in 2008. As more Social Security disability appeal cases moved from offices with backlogs to less-busy ones, wait times for claimants grew longer. Learn how this might impact your own Social Security disability appeal and see average wait times for all 50 states below.
In 2008, the SSA transferred just 14% of SSD appeal cases to reduce office workloads. That’s about 100,000 cases in 2008 alone. In 2017, that number grew to 450,000 cases transferred with an average wait time of 605 days. In other words, 43% of SSD appeal cases pending that year got transferred to a different office. And some offices reported wait times of 750 days or more for transferred cases. That’s more than two years!
Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.
A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...
Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.
If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity) statement.
It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.
use detailed opinions only from doctors who are specialists in diagnosing and treating your condition, and