Social Security Disability Appeal

When you receive a denial notice, you have 60 days from the date of the denial letter to initiate the appeal process. The SSDI appeal process consists of four levels:

1. Reconsideration: Your case is reviewed by a new examiner and a medical consultant who did not participate in the initial decision.

2. Hearing Before an Administrative Law Judge (ALJ): If your application is denied again in reconsideration, you can request a hearing before an ALJ.

3. Review by the Appeals Council: If you disagree with the ALJ's decision, you can request a review by the Social Security Appeals Council.

4. Judicial Action: If the Appeals Council denies your application or decides not to review your case, you can file a lawsuit in federal court.

Step 1: Request Reconsideration

• Complete Form SSA-561 (Request for Reconsideration). Our Social Security Lawyers take care of this and submit it online to ensure that the reconsideration is filed on time.

• Review and update your medical information. Be sure to include new medical reports, test results, or treatments that were not presented in your initial application.

• Send the form and additional documentation to your Social Security Lawyer.

Step 2: Prepare for the Hearing (if necessary)

• If your claim is denied again in reconsideration, request a hearing before an Administrative Judge.

• Prepare your case. This includes gathering more medical evidence, witness testimonies, and getting the help of a Social Security Lawyer.

• During the hearing, you will have the opportunity to present your case, summarize the evidence, discuss your limitations, and answer questions from the judge.

• Waiting Time: The appeal process can be long. The wait for a hearing before an Administrative Judge can vary from months to up to a year, depending on the volume of pending cases.

• Preparation: It is crucial to be well prepared for your hearing. This includes understanding your medical record, practicing your answers to possible questions, and making sure your witnesses are ready.

• The Hearing: Hearings are usually less formal than a trial in court. However, it is important to treat the hearing with seriousness and respect. The ALJ will ask you questions about your medical condition, your work history, and how your condition affects your ability to work.

• Keep your medical information up to date: Make sure your medical record is complete and up to date. Include reports from all the doctors who have treated you, test results, and hospitalization records.

• Consider the help of a Social Security Lawyer: A lawyer specializing in Social Security disability can help you navigate the appeal process and increase your chances of success. Lawyers are well-versed in Social Security laws and regulations and can help you present your case effectively.

• Follow your doctor's medical recommendations: Make sure to follow all your doctor's treatment recommendations. If you don't, Social Security may argue that your condition is not as severe as you claim.

• According to Social Security data, approximately 67% of initial SSDI applications are denied.

• However, the success rate improves at the appeal stage. About 45% of claimants who appeal the initial decision and have a hearing before an ALJ receive a favorable decision.

• Having legal representation can significantly increase your chances of success in the appeal. Studies have shown that claimants with legal representation have higher success rates compared to those who do not have representation.

In conclusion, although the Social Security appeal process can be long and complex, it is an important opportunity for claimants who have been initially denied seeking the benefits they need and deserve. Being well-prepared, following medical recommendations, and obtaining the help of a Social Security Lawyer can be key to the success of your appeal. Remember, you are never alone in this process, and there is always hope of obtaining a favorable decision in your appeal.

For more information or if you want to schedule an appointment with our Social Security Lawyers, call or send us a Text Message or WhatsApp at 787-344-9219 for a free consultation.

As Social Security Disability Attorneys with over 20 years of experience, we understand how crucial it is for applicants to maximize their chances of success in an appeal. Below, we present 10 detailed tips that can help improve your chances of winning your appeal:

Hiring an attorney specialized in Social Security Disability can significantly increase your chances of success. Our Disability Attorneys, who have over 20 years of experience and have handled thousands of disability cases, know the Social Security laws and regulations, and can help you navigate the appeal process more effectively. The consultation with our Social Security attorneys is free and our fees are paid directly by Social Security only if your case is approved. 

Understand the specific reasons why your application was denied. This will help you properly address the issues in your appeal.

Make sure your medical record is complete and up to date. Include reports from all the doctors who have treated you, test results, and hospitalization records.

 It's important to show that you are doing everything possible to treat your condition. Follow your doctor's treatment recommendations and attend all possible medical appointments.

If you have new medical evidence since your initial application, make sure to include it in your appeal. This can include new medical reports, test results, or diagnoses.

Ensure that all your medical documents are well organized and easily accessible for your Social Security Lawyer. This will facilitate the presentation of your case during the hearing.

If your appeal reaches the hearing stage, practice your answers to the questions that the administrative law judge (ALJ) may ask. Be prepared to clearly explain your condition and how it affects you.

Be clear about your functional limitations and how these limitations prevent you from performing not only your previous job but any other job.

Honesty and consistency in your answers and the information you provide are essential. Any inconsistency can be detrimental to your case.

Although the appeal process can be long and challenging, maintaining a positive and persevering attitude can make a difference.

By following these tips, you can significantly improve your chances of success in your Social Security Disability appeal. Remember, preparation and proper legal representation are key in this process.

For more information or if you want to schedule a free consultation with our Social Security Lawyers, call or send us a Text Message or WhatsApp at 787-344-9219.