Practice Areas Social Security Disability Social Security Claim Appeal

Memphis Social Security Claim Appeal Lawyers

While it is not something that the Social Security Administration (SSA) will advertise, the fact of the matter is that most people will be denied when filing their application for Social Security or Social Security Disability the first time. Disability benefits are usually awarded to those who have the determination, time, and effective legal representation on their side. By filing an appeal, going in front of an administrative law judge (ALJ), and demonstrating a strong case, you may be able to win the benefits you deserve.

Fortunately, you do not have to go through this process alone. The Social Security claims appeals lawyers of John Michael Bailey Injury Lawyers are here to help you through every step of the process. We have helped people just like you appeal and win the benefits they need to live happy lives with their families, and we want to do the same for you. Don’t let a denial turn you away from the benefits you so desperately need. Turn to the legal team that knows how the system works and knows how to present the best possible argument for why you should be awarded the social security or social security disability benefits that will help you. Contact us at 888-WE-FIGHT, fill out the contact form on this page, or chat with us live today.

Why do I need an attorney?

A denied Social Security disability claim does not mean that you are not disabled. Your claim may have been denied for something as simple as an error on your application. In other cases, there may be a “technical rationale” for the SSA to deny your claim, often because there are other jobs that the agency believes that you may be able to hold, whether or not that is the case. Further medical evidence may need to be presented to prove that your disability is more severe and complete than the agency realizes. Many claimants are forced to go through the process of appeals before they are granted their disability benefits: it is merely part of the process. Don’t try to do this alone, instead, turn to a legal team that has been through this countless times before, and has prevailed in the end for their clients. Turn to the attorneys at John Michael Bailey Injury Lawyers.

What to do if your claim has been denied

Many people do not know what to do or where to turn if their initial application has been denied. Most make the mistake of simply applying again, but this is not the right course of action. Re-applying will only slow you down in your quest for benefits, since your application will immediately be placed at the start of the entire process again, and will likely be denied for the same reasons your first application was denied. Instead, it is smarter to appeal the decision in your case.

How the appeals process works

If you are denied the benefits you are seeking, it is crucial to immediately appeal the decision. You have a short window of time to do so, typically sixty days, so make sure to do so immediately to get your appeal on file. Once you have appealed the decision, the following may occur:

• Reconsideration – In some states, the file will go into reconsideration, or “recon.” Another disability claims examiner will review your file and may make a different determination than the first. Some states like Alabama, Colorado, Louisiana, Michigan, New York, Pennsylvania, and a handful of others have eliminated the reconsideration step in the appeals process, so ask your attorney if reconsideration is still available in your state.
• Administrative Law Judge (ALJ) Hearing – Applicants may request a hearing in front of an administrative law judge if the reconsideration request is denied. It is important to remember that you have another sixty-day deadline to request a hearing after the denial of the recon request.
• Appeals Council – If an administrative law judge hearing does not result in the awarding of benefits the application can appeal again for the third time, and this time goes in front of an Appeals Council for a case review. The Appeals Council may overturn a judge’s decision and award benefits, remand the case back to the judge and ordering a second hearing, or may issue yet another denial of your claim.
• Federal Court – This is the final stage of appeal if the Appeals Council denies your claim. You may be able to file a suit in federal court and try to win your disability benefits at the highest level.

At all levels (except the Federal Court), claimants are allowed to appeal the decision if they are not awarded the benefits that they are seeking. The process can be long and complicated, but ultimately obtaining the disability benefits that you need will be worth the struggle. It usually becomes readily apparent that you cannot obtain benefits through the appeals process without an experienced attorney on your side to guide you and represent you along the way.

Contact an SSD appeals attorney

The Social Security disability attorneys of John Michael Bailey Injury Lawyers know how important obtaining these benefits are to you and your loved ones. They are often the cornerstone of your future plans, and a denial can be devastating news. Don’t let the SSA’s denial of your claim prevent you from winning the benefits that you seek. You have the option to appeal, and often, those who appeal a decision are the ones who prevail in the end.

Let us take the guesswork out of the appeals process. We will stand by you as your trusted advisors and representatives, and we will work hard to secure the benefits that you need. Contact us at 888-WE-FIGHT, chat with us live, or fill out a contact form to get started on your disability appeal today. Don’t leave your benefits and your future up to chance, call us for help with your appeal now.