If your claim for Social Security Disability Insurance, or SSDI, benefits has been denied, it may be comforting to know that you have options to appeal the decision and obtain benefits, so long as you observe the appropriate procedures and deadlines. It is a good idea to consult an experienced Buckhead SSDI denial lawyer for help with the appeal process.
A knowledgeable SSDI law firm can help you collect the best available evidence to support your claim and ensure that the evidence is presented at the right time and in the proper format to receive full consideration. An attorney can also serve as your advocate to help you make the most of the opportunities to establish your qualifications for benefits.
The SSDI program is administered by the Social Security Administration (SSA). When an employee who has a disability submits a claim for SSDI benefits, a staff member at SSA reviews the application in accordance with strict agency guidelines. Very often, the staff member determines that the worker seeking benefits has not submitted enough evidence to satisfy the requirements, so the agency denies benefits. A denial notice does not indicate that a disabled individual lacks the qualifications to receive benefits, but only that they have not fully demonstrated the qualifications.
An SSDI denial attorney in Buckhead could help present evidence to meet the agency’s standards. If this evidence is not presented initially, it can be added during an appeal. Within 60 days of receiving a denial notice, the claimant must request a reconsideration, which is the required first step in the appeals process.
Very often, the decision on reconsideration is the same as the initial decision. If a reconsideration results in a denial, a Buckhead denial lawyer could help with the next stage in the appeals process, the administrative hearing. Claimants must request a hearing within 60 days after receiving an unfavorable ruling on reconsideration.
During an administrative hearing, an applicant must prove to an impartial Administrative Law Judge that they should be receiving SSDI benefits. The judge is not bound by the same interpretative standards as SSA staff, so the likelihood of receiving benefits is greater.
However, the hearing is usually the last stage at which an applicant in Buckhead may present new evidence to refute the SSDI denial. Moreover, this evidence must be submitted in advance of the hearing to receive full consideration. An experienced hearing claims advocate could seek out persuasive evidence, such as letters from physicians, explaining how a disabling medical condition prevents the applicant from working at their previous job or any other type of employment.
If the Administrative Law Judge denies benefits, the claimant may request a review by the SSA Appeals Council. However, the council may decline to review a case if they believe the judge applied the standards correctly.
When the Appeals Council declines to review a case or affirms an unfavorable ruling, a claimant may appeal the decision in federal court. An experienced SSDI denial lawyer in Buckhead will understand how to present a case effectively in federal court as well as in administrative proceedings.
When you are suffering from a disability and unable to work, receiving a notice denying your application for SSDI benefits may seem like the final blow. However, Buckhead SSDI denial lawyers know that an initial rejection is almost an inevitable step in the process of obtaining benefits.
A knowledgeable legal advocate could fight to obtain fair benefits for yourself and your family. To learn more about the advantages of working with an experienced social security disability law firm, call now for a free consultation.