How To Appeal For Social Security Disability

When you appeal against a denial of Supplemental Security Income (SSI) or Social Security disability (SSDI) benefits, you will have to follow the instructions that are written in the denial form issued to you by the SSA (Social Security Administration). In most states, the first step that you can take in this regard is filing the request for reconsideration. You will have to consider taking the case to the next stage of appeal if your plea is denied upon reconsideration.

Here is a brief overview of the different levels of the appeal where the Social Security Disability Lawyer in Naples can help you.

Request for reconsideration.

The appeal starts with your request that the initial termination of benefits or denial has to be reviewed once more. There are four states, namely, Alaska, Alabama, Missouri, and Michigan, where this step is not applicable. Go to the next step if you belong from any of these states. Reconsideration might be added back to the process even in these four states by April 2020.

Reconsidering the original claim

Reconsidering your original claim means a total review of the claim, and this takes place at the DDS (Disability Determination Services) level. You will get an examiner and a medical consultant who were not there at the time of the first decision.

Reconsidering the continuing disability claim

CDR (Continuing Disability Review) starts after your disability benefits begin. Under CDR, there will be a periodic review of your condition to understand if you’re still eligible to get the benefits. You can appeal for reconsideration even if your benefits were terminated after review.

The administrative law judge hearing

You need not give up yet if the appeal for reconsideration is denied. You can request a hearing in front of an administrative law judge within sixty days from receiving the denial. If you are a resident of any of the four states mentioned above, then you can make the request within sixty days of the initial denial.

Administrative law judges are the attorneys that are working at the Office of Hearings Operations of the SSA. The job is basically to overturn or uphold the decisions made in terms of disability benefits, including hearing appeals about other social security cases. Going by the past records, about half of the disability claims that reach administrative law judges are granted by them.

Request at the Appeals Council

You can request the Appeals Council to review the case. Cases are selected randomly by the appeals council for reviewing. It can deny, dismiss, or grant your request for review depending on whether there has been

  • An error of law or misuse of discretion by the administrative law judge
  • There was no substantial evidence to support the decision of the administrative law judge
  • There has been any procedural or policy issues related to the case

Cases might also be dismissed by the appeals council if the appeals are filed late or if the claimant dies. The appeals council, usually, only pays attention to a case if there is a flaw in the judgment of an administrative law judge. It is one of the last resorts, and the chances of winning are about two to three percent. Before you end up suing the SSA in a federal court, you will have to go through the appeals council.

Request a Federal Court Review

The final step of appeal is filing the lawsuit at the district court of the USA. If you went ahead without being represented by an attorney so far, now is the time when you will definitely need one.

There are no juries present when federal judges hear disability cases. The judges review cases for legal errors, and they also dwell upon the factual questions. The decisions of the appeals court or the administrative law judges are usually not reversed by the federal judges. They might send back the case to the SSA for further assessment, saying that they might not have considered all the symptoms or pain.

There is a fair chance that you will win the appeal that reaches the federal court, but it is not an excellent option for other reasons. It is like going against SSA, and that is time-consuming and expensive. It takes years to reach this level of appeals, and thus, claimants usually are not willing to take this step.

Why do you need expert support from Berke Law Firm?

It is the responsibility of the Social Security Disability Lawyer in Fort Myreswhom you have hired to take care of the entire process of appeals. You need someone who is an expert in the field, and who has handled such cases proficiently before. This is where the experts of Berke Law Firm, P.A. come into the picture.

Our firm started its journey way back in 1986, and we have gone from strength to strength since that day. Justice will not be denied to you as long as we are by your side. We are experts in all the areas of social security disability benefits. Our experienced attorneys are your best shot at winning the appeal.

We have helped thousands of our clients fight their appeals of wrongful denial, and you can be one of them too. All you need to do is get in touch with us and tell us about your case in detail. So, wait no more and pick up that phone today!

Legal Help In Obtaining Your Florida Veterans Benefits

Our lawyers understand the complex physical health and emotional strains on the client. As the top VA Disability Lawyers in Florida, we don’t play games. We fight for our veterans, assisting every step of the way for a successful resolution. We ensure your paperwork is on time. That your condition is viable. And that your case is tight and strong. Having an experienced representative on your side significantly increases your chances of receiving veterans benefits.

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There are many ways to find top-notch representation. Simply browse the largest online directory and search for everything from criminal defenders to car accident lawyers. Attorney profiles provide comprehensive information, including location, education and training, biography, client recommendations, and more.

The best VA Disability Lawyers in Florida help clients meet all of the lengthy guidelines for veterans benefits. They determine benefits and impairments related to cases. We help you present the necessary information to prove your condition is related to your service. Receiving veterans benefits hinges on showing the VA that you are suffering from certain mental and physical impairments. A VA Disability rating is crucial. This rating is based on the number and severity of conditions, and helps determine the monthly benefit amount.

Understanding The VA Process

You deserve an attorney who can make the process seamless and successful. Overall, many veterans are disabled, but may get discouraged following a denial. Without representation, the process can be very complex. If denied, a claimant should seek representation immediately. Our attorneys help quickly and effectively determine your disability rating. We will manage all aspects of the claim, to optimize your benefit recovery time and amount.

Getting Social Security Disability Benefits In Florida

Our professional expert team provides social security disability claimants the counsel they deserve. We make decisions about SSD benefits every day. We understand the initial phase, the reconsideration stage and everything in between. As the top SSI lawyers in Florida, we see disability cases all the time. We are highly familiar with Florida ALJs and the subsequent processing times for any and all of the eight hearing offices.

If you have a disability preventing you from working, you should contact us today.

Social Security Disability Reconsideration Process

We tend to think of Social Security Disability insurance benefits as high-end resources. For those permanently disabled, benefits can mean the world. That’s why our Social Security Disability attorneys offer top services for top claims. From initial application to reconsideration, we assist throughout the process.

You need help with your rising medical costs. Paying for medications.Offsetting other expenses.Staying healthy and happy. In the end, your physical or mental condition demands benefits that last. With our help, you can receive Social Security Disability Insurance advantages right away. Children and dependents are also eligible.

Better Support

We can provide the full listing of lawyers and legal organizations tasked with protecting your rights. Too often, too many people waste time and effort fighting for benefits they never get. Our Social Security Disability lawyers apply top knowledge about governmental regulations, coupled with efficient processing, to resolve your claim quickly. We adhere to strict deadlines, complete paperwork, and provide full medical evidence. Our Social Security Disability attorney is the best for a reason.

Consult us today and let us help you unlock the Social Security benefits you deserve.

Choosing The Best Disability Lawyer Available

The vast majority of (SSDI) or Social Security Disability claims are denied at both the initial and reconsideration stages. Choosing the best attorney or disability advocate for your case is very important.

Which is why we offer the trusted team you need most. Our professional social security disability experts provide the best ways to obtain maximum compensation when you need it. We will find your condition listed under the definitions of impairments as per Social Security Disability guidelines. We will also help you obtain all other relevant information. This ensures that your case is comprehensive and full-proof.

Professional Social Security Disability Attorneys

Our Social Security Disability Attorneys provide free initial consultations for all clients. We will evaluate the strength of your case and assist with everything from the initial application to multiple appeals.

You need an approved lawyer on your side. Although many clients are approved upon initial application, many require further appeals. Our consummate legal professionals will guide you throughout. We will help establish medical documentation, determine your financial circumstance, and schedule a hearing, if needed.

Social Security Programs

Social Security Disability is one of the largest federal assistance programs supporting people with disabilities. Our experts help many reach eligibility for Social Security Disability benefits, every day. In addition, we approach the increasingly difficult circumstances for disabled individuals, every day. We want you to reach a favorable decision from the SSA as soon as possible.

We are the best for a reason. Our representatives advise numerous clients in getting benefits for all types of Social Security disability conditions. Simply call us today or go online to schedule your first consultation. You can begin your initial claim at your local Social Security Field Office today.