It can be discouraging and frustrating to receive a denial after you have applied for Social Security Disability Benefits, especially if you are unable to work because of a serious health condition. A denial does not mean the end. Many people, especially those with legal representation, are approved after the appeals process.
It can be less confusing to know how the appeals procedure works and the steps you should expect. Applicants can avoid common pitfalls with the help of an experienced Winter Haven Social Security Disability Appeals Attorney. An attorney can also help strengthen the evidence and increase the chances of receiving benefits.
At Jiles & Fugate Law Group, we help Winter Haven residents with disabilities navigate Social Security Disability claims. You can schedule a free consultation today with a Winter Haven Social Security Disability Appeals Attorney at Jiles & Fugate Law Group by calling 863-875-6900 now.
Why are so many SSD applications initially denied?
Most first-time applicants are denied by the Social Security Administration. Denials can be due to a lack of medical proof, technical errors, questions about work history, or inadequate details regarding how the condition impacts daily functioning. The SSA may need more information to determine your eligibility.
A Winter Haven Social Security Disability Appeals Attorney will examine the reasons behind the denial and create a strategy for addressing those issues during the appeal.
What is the first step in the Disability Appeals Process?
The first step in the process is Reconsideration. During this phase, a new SSA reviewer will evaluate the application and any additional medical evidence submitted since the original denial. The applicant has 60 days from the date on the denial letter to request reconsideration.
A Winter Haven Social Security Disability Appeals Attorney will help you file your request, collect updated medical documentation, and make sure the file is completed before it’s reviewed. Most applicants who do this on their own simply resubmit materials that led to a previous denial. This often results in another denial.
What happens if a Reconsideration is denied?
The next step, if reconsideration is refused, is to request an administrative law judge (ALJ). This is the most important stage of the appeals procedure. In contrast to earlier stages, the applicant can now present testimony, add further evidence, and argue his case directly before a judge.
The Winter Haven Social Security Disability Appeals Attorney prepares the client for the hearing:
- What the Judge will ask
- Examining medical conditions and functional limitations
- Collecting support from healthcare providers
- Prepare witnesses if needed
- Challenge unfavorable occupational assessments
Statistically, applicants who are represented by a Winter Haven Social Security Disability Appeals Attorney have a higher chance of success at the hearing than those who represent themselves.
What role does medical evidence play in appeals?
The foundation of any disability claim is medical evidence. The SSA must verify that a condition is present and that it also prevents the applicant from performing substantial gainful activity. The records should include the diagnosis, treatment history, and progression of symptoms, functional limitations, and prognosis.
A Winter Haven Social Security Disability Appeals Attorney will help you coordinate medical evidence and obtain statements from treating doctors. They can also ensure that your symptoms are documented in accordance with SSA disability standards.
What happens after the ALJ Hearings?
The administrative law judge will issue a written decision after the hearing. The judge can grant approval, deny benefits, or issue a partial favorable ruling. A partial favorable ruling means the judge has agreed with the applicant’s disability claim, but may have adjusted the date of onset, which could affect the amount of back pay owed. The Appeals Council can take the case further if the ALJ refuses benefits.
What is the Appeals Council? What do they review?
The Appeals Council reviews the ALJ’s decision to determine whether errors were made. The Appeals Council does not start the case over. The Council can:
- Deny review
- Grant review
- Return the case for a second hearing
- Take a new decision
Some cases will not be reviewed. A Winter Haven Social Security Disability Appeals Attorney will be able to identify any legal errors in the case and make a strong argument for why it should be reviewed.
What if the Appeals Council denies the claim?
There are still legal options available to applicants if the Appeals Council rejects review or affirms the ALJ’s decision. Next, you will need to file a lawsuit at federal district courts. The case is now a federal lawsuit and not an SSA claim.
Although not all cases are heard in federal court, clients who hire a Winter Haven Social Security Disability Appeals Attorney will have an advocate who is familiar with both federal procedure and disability law.
How long does the SSD appeals process take?
The appeals process may take several months, or even many years, depending on scheduling, evidence collection, and SSA’s backlog. The waiting times for hearings can vary by region. Although the process may seem slow, many applicants receive back pay and are approved.
Working with a Winter Haven Social Security Disability Appeals Attorney will help you avoid unnecessary delays and meet deadlines.
Can the applicant continue treatment during an appeal?
Continuation of treatment is absolutely essential. The SSA views gaps in treatment often as evidence of progress. The SSA will consider ongoing care as evidence of improvement and to create updated medical records. An attorney can advise you on the importance of consistent documentation.
Can Applicants Work while appealing?
Applicants can work part-time, but earnings above the SSA substantial gainful activity threshold may harm their case. Some applicants accidentally disqualify themselves by working part-time out of necessity. To avoid jeopardizing your appeal, you should consult a Social Security Disability Appeals Attorney before working.
Florida SSD appeals FAQs
Q: Must I attend the hearing in person?
Ans: Depending on the circumstances and SSA policies, hearings can be held in person, via video, or by phone.
Q: What can I expect during the ALJ hearings?
Ans: You should expect questions regarding symptoms, medical history, and functional limitations.
Q: Am I allowed to submit new evidence during an appeal?
Ans: Of course. New medical records and evaluations can be critical to the appeal.
Q: Is it possible to win without a hearing?
Ans: Yes, but this is rare. Hearings are the best way to present evidence and testimony.
Conclusion
Denied Social Security Disability benefits can be discouraging, but it is not final. Persistence, evidence, and advocacy are the keys to success for many applicants. With the help of a Winter Haven Social Security Disability Appeals Attorney, you can confidently navigate the appeals procedure and improve your chances of success.
You can schedule a free consultation today with a Winter Haven Social Security Disability Appeals Attorney at Jiles & Fugate Law Group by calling 863-875-6900 now. We will fight for your benefits and help you to move forward in dignity and financial security. You can also fill out this form and we will contact you soon.
