When you appeal for SSDI benefits, Nash Disability Law gets the right evidence in front of the right people.
How Do I Appeal My Social Security Disability Denial?
You follow these four steps to appeal a disability denial from the Social Security Administration:
Step 1: Ask for a reconsideration.
First, you file a request asking Social Security to reconsider their decision to deny you.
Your claim gets sent back to Springfield, where Social Security will have a fresh claims reviewer look at your file — not the same person who denied you before.
You should know, it’s still tough to get approved at this step. Most people (roughly 85%) get denied again.
As hard as this seems, you still shouldn’t get discouraged. You have more chances to win Social Security Disability benefits.
Step 2: Go to a hearing with an Administrative Law Judge (ALJ).
Next you can take your claim to a hearing with a special Social Security judge.
This is your main chance to explain your situation face-to-face with a key decision-maker at Social Security.
It might be your best chance of winning Social Security Disability benefits.
A government study found that people who brought representatives, like lawyers, with them to their hearings were almost three times more likely to be awarded benefits than those who did not.
An attorney from Nash Disability Law can guide you through this process, help you prepare for your hearing and make sure that your evidence and your arguments are ready to make a strong case for why you need benefits.
Step. 3: Take your case to the Appeals Council.
If the ALJ denies your claim, believe it or not, this still isn’t over. You can keep fighting for benefits.
Now you can ask for another review by a group at Social Security called the Appeals Council (AC). Nash Disability Law can help you decide if you should take this step.
The AC reviews whether the ALJ’s decision was legally sound. Your lawyer can send documents bringing attention to possible errors by the judge.
While the Council technically can grant benefits, your main goal will be getting the Council to send your case back to the judge for another hearing — with directions on what to do differently.
Step. 4: Appeal your disability claim to federal court.
If you disagree with the Appeals Council’s decision, you can file a lawsuit in U.S. District Court to argue for your benefits. At this stage, you will need a lawyer registered to practice in federal court, like those at Nash Disability Law.
You probably won’t see the federal judge in person. In this step, your lawyer will send documents about your case to federal court and argue that Social Security was wrong to deny your disability claim.
Tom Nash formerly worked for Social Security as one of its attorneys. He and his team of attorneys have in-depth knowledge of how to help people win Social Security Disability benefits by getting the right pieces of evidence, at the right time, to the right person at Social Security, in the right way.
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Did You Know: What Are Your Chances of Winning Social Security Disability Benefits?
The Social Security Administration (SSA) makes it clear that most people who send in applications for Social Security Disability get denied.
For the 10 years from 2009 to 2018, the SSA said this in its annual report:
- About 21% of people applying for Social Security Disability got approved on average.
- Only 2% of people asking for a reconsideration won approval.
- Only 8% were awarded benefits after their hearing with a Social Security administrative law judge.
- Overall, that means about 32% of people won Social Security Disability benefits.
- About 66% were ultimately denied.
These numbers show how you can’t take chances with your claim for disability income—and your financial future.
That’s why you want to work with the experienced Chicago disability attorneys at Nash Disability Law.
People who present strong, error-free claims are the ones who eventually win Social Security Disability benefits.
We focus, every day, on getting people into that one-third who receive benefits.
Social Security said many of the people who were denied had what it calls non-medical “technical denials,” which means their health problems might qualify, but they’re still working and earning too much, or they haven’t earned enough credits through recent work.
The next largest group got denied because Social Security found their medical problems didn’t meet its requirements.
If you were denied, let us look at your situation and see if there is a way to correct it.
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What Do I Need for My Social Security Disability Appeal?
To successfully appeal your SSDI denial, you’ll need to file certain forms and update the information that you put into your original disability application.
You’ll need new reports from doctors and other medical records showing how your health impairments are severe enough to prevent you from working — and maybe have gotten worse.
Nash Disability Law does all of this for you:
- Analyze your Social Security file
- Obtain additional evidence from doctors and other medical providers
- Build your legal arguments
- Prepare you to testify before a judge
- Question witnesses in your hearing
- Cross-examine any medical and vocational experts who testify about you
Frequently, Social Security will bring their own expert medical witnesses to talk about whether your health problems are serious enough to keep you from working any job.
That may hurt your chances of winning benefits. It’s another reason why you should get an experienced disability lawyer working on your behalf.
At Nash Disability Law, an attorney will always represent you at your hearing, which may not be the case at other firms.
At many firms, you won’t meet your attorney until the day of your hearing. We believe in getting to know you and truly understanding what you’re going through with health and financial troubles.
Our disability legal team has helped thousands of people in the greater Chicago area win Social Security Disability benefits. It’s best to contact us as soon as you realize you can’t work due to your health, because sometimes we can even get you benefits without a hearing.
If YOU WERE DENIED — or even if you still need to apply for SSDI benefits — CONTACT US NOW.
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