SSD Appeals: Do Not Give Up On Your Disability Claim
The first time you apply for disability benefits, chances are it will be denied. Initial applications have a high denial rate – around 80%, according to the Social Security Administration. This does not mean your claim is no longer worth pursuing. You still have several opportunities to make your case through the Social Security Disability (SSD/SSDI) appeals process.
If you didn’t have a lawyer for your initial application, now is the time to get one. You don’t want to further jeopardize your case by botching your appeal.
At Shawn Taylor, PLLC, we have helped thousands of SSD claimants successfully appeal their initial denied claim. Based in Charleston, our lawyer has devoted his career to helping people with disabilities get the Social Security benefits they deserve. He has more than 30 years of experience. Call us at 304-932-4619 and schedule a free consultation to discuss your options for an appeal.
Four Steps In Appealing An SSD Denial
There are four levels of appealing a denied Social Security Disability benefits claim. They are:
- Reconsideration by a different examiner
- Hearing before an administrative law judge
- Social Security Appeals Council
- Federal district court review
A request for reconsideration is the first step in appealing a denied claim, without you submitting any other evidence besides any updates to your medical condition. Your application will be reviewed by another employee of the Social Security Administration.
The hearing before an administrative law judge (ALJ) is the best chance to get benefits on appeal. The hearing is a meeting with an administrative law judge who will ask you questions about your health, medical conditions and work limitations. It is a chance to meet face-to-face with someone and provide evidence for your eligibility.
The appeals council will is the next level for appealing a denial from an administrative law judge. The council can either deny a request for review, decide your case on its own or send it back to an administrative law judge for review.
The final step is review in federal district court, which involves much more complicated procedures. It’s difficult to get a disability decision overturned in court.
The SSD Appeals Process Can Be Tricky
You only have a limited window of time to appeal a denial at each stage in the process. There are nuances to how best to present your case at each level of appeal. Additionally, there are different standards that decision-makers on appeal must apply when reviewing your case.
Because of these challenges, it’s critical to work with a lawyer who truly understands Social Security Disability law, including the appeals process.
Get answers to common questions about SSD appeals.
A Former Municipal Judge And Respected Social Security Lawyer On Your Side
At Shawn Taylor, PLLC, you will receive hands-on, personalized help from a knowledgeable advocate. You can meet personally with Shawn Taylor, at your request, who will argue your SSD appeal at all levels. A former municipal judge and assistant attorney general, he is comfortable in legal proceedings of all types. And unlike many Social Security law firms, he is ready to take deserving cases all the way to a federal court review.
Ready To Stand Beside You In All Hearings
Many disability lawyers won’t actually appear at the ALJ hearing, which is a shame because that is your best shot at getting a denial overturned. Mr. Taylor will be at all hearings, including the ALJ hearing, to serve as a powerful advocate and ally for you. He can also handle obtaining all the detailed documentation necessary to support your appeal.
Call Us Today And Get Started On Your Appeal
We offer a free initial consultation so you can get professional guidance on your options for appeal. Please call us at 304-932-4619. You can also reach us online, and we will respond within one business day. We handle SSD appeals throughout West Virginia and Appalachia.