Posts Tagged ‘Appeal’

Social Security Disability Appeal Advocates

Saturday, February 13th, 2010

When you go to a Social Security Disability hearing and you decided to do it alone without a disability advocate or attorney the chances of winning your case may drop or this may severely hurt the chances of being awarded benefits you really need.

Here is a very strong argument that you may not have heard before when it comes to getting adequate representation from disability advocates, and it happens to be based on experience from advocates that have been in the business for well over a decade.

A disability advocate was contacted by a claimant that was denied during their SSDI hearing. Advocates obtain a copy of the recording of the hearing process, as all SSDI hearings are recorded for just this reason. When the advocate listened to the audio tape, he noticed a few things that stood out immediately as proof that having an advocate on your side can really make a difference.

The hearing in question lasted less than a total of ten minutes, despite the fact that the average hearing typically goes for at least thirty minutes. When a hearing doesn’t even take twenty minutes, red flags are thrown up.

During the hearing in question, the judge never made an effort to advise the claimant that she had a right to fair representation.

Finally, the judge didn’t take the time to ask the claimant about any recent medical treatment since her initial application, nor did he try to gather any updated medical information so that her record could be updated, meaning that the SSA did not have her most recent information on file, and was lacking evidence that could have helped her in this process.

If this claimant had an attorney or another representative with her, this would not have been allowed to happen. She would have had someone on her side who could have informed her of her options, and made sure that the judge had all of the pertinent information, old and new.

From here, then, you have a choice between two options. There are advocates that will work to represent the claimants, or you have the choice to choose an attorney to hire, for this you can choose a lawyer that mainly handles these claims or one who is not a specialist in this line of law.

Neither of these options can provide you with a guarantee that they will be successful in securing the benefits that you are making the application for. This legal representation will guarantee that you will be ready for your hearing and properly prepared. This is one of the best things you can do when applying for Social Security benefits, as these professionals will know what to look for when it comes to making your best case.

There is no reason not to come equipped with an advocate on your side when applying for SSDI or appealing a decision regarding your SSDI and SSI benefits. Having SSDI experts on your side provides you with relief that someone is in your corner who knows what they are doing when filing for disability insurance or appealing a decision.

Social Security Disability Appeal

Saturday, October 17th, 2009

If you are not approved the first time that you apply for SSDI or Social Security Disability Insurance, then there is a social security disability appeal process that you are going to want to become acquainted with. If you were denied for your disability claim, then you are given a period of not more than sixty days to appeal the decision with the Social Security Administration. There are four different opportunities available to you for appeal, and they go in the following order:

The first step is the reconsideration. The second step is a hearing in the presence of a judge. The third step is a review by the appeals council. The fourth step is a review by the federal court.

If you have been denied for the benefits that you deserve in the past, then you are encouraged to find out more about the social security disability appeal process. You need to submit your request for an appeal within sixty days following the receipt of your denial letter from the Social Security Administration.

Reconsideration – The first step in most areas is the request for reconsideration. In this appeal, someone that was not originally a part of the decision is going to review your case and make a new decision. All of the original evidence and any new information that you have will be provided to them. If your case is reconsidered and still denied, then the next step is to request a hearing in front of an ALJ or Administrative Law Judge.

Hearing – The second step is to go before an Administrative Law Judge for a hearing. He or she will not have any previous knowledge of the claim that you are making. Before you go before the judge, you are going to want to make sure that you are prepared with all of the right evidence and paperwork. After your hearing has been completed, a decision will be made by the judge based on a combination of the initial evidence and any new evidence that you have provided to the court.

Appeals Council – Should you disagree with whatever decision is made by the judge, the next step in the claim process is to approach the appeals council for the Social Security Administration. The council will look at all review requests and can reject any review that they feel was properly determined. If the council does decide that they would like to review your case, they will make a decision themselves or appoint a new ALJ.

Federal Court – If the decision that the appeals council made was not the decision that you were hoping for, or if the appeals council refused to hear your case, then the final step in the process is to file a lawsuit by contacting a federal district court. This is the final stop in the process, and you must make sure that you have all of the necessary evidence and information to plead your case, otherwise there are no further chances in the process.