When a chronic condition is ruining your ability to earn an income, your situation can become very difficult, both financially and emotionally.
Social Security Disability (SSD) benefits could be an important lifeline. These benefits serve as a valuable source of income for applicants who are declared eligible by the Social Security Administration (SSA). Unfortunately for applicants, most initial Social Security Disability claims are denied by the SSA. If you have received a denial, it’s crucial to promptly file your appeal. You should avoid filing a brand new application unless the denial was for a technical reason, such as earning over the income limits.
The denial notice will outline the steps needed to appeal your decision. These steps can be complicated and intimidating, but MCV Law’s experienced Social Security Disability lawyers are here to help applicants from all 50 states.
First Steps After a Denial
When your initial claim is denied, the next step in most states is to file a “Request for Reconsideration” within 60 days. This request leads to a second review and a new decision. Unfortunately, most cases are also denied at this level. If your reconsideration request is denied, the next step is to file a “Request for a Hearing before an Administrative Law Judge (ALJ).”
In states like New York, where the reconsideration level is not available, you directly file a “Request for a Hearing before an Administrative Law Judge” within 60 days of your denial. If your reconsideration request is denied, you also move to request an ALJ hearing. Processing times for ALJ hearings vary by office, but the national average processing time has increased in recent years. Having one of MCV Law’s skilled Social Security Disability attorneys representing you during your ALJ hearing can mean the difference between having your claim approved at this early stage of the appeals process, or having to escalate your appeal to the Social Security Appeals Council and face further delays.
The Appeals Council reviews hearing decisions and can remand cases back to Judges for errors, or reverse decisions in some cases. It typically takes about a year to get a decision from the Appeals Council.
If your claim is still denied by the Appeals Council, you can file an appeal in Federal Court at the United States District Court where you reside.
In 2023, the SSA acknowledged the need to revamp its staffing, and it continues to face a backlog of cases pending review. The long wait times associated with the various stages of the appeals process can be devastating for applicants who are struggling to make ends meet while dealing with a condition that impacts their ability to work. This makes it critically important that you make your appeal count. You must make the most of your opportunity, and do everything possible to have your claim approved as early on as possible.
We urge you to connect with our experienced, compassionate Social Security Disability team. Applicants who have a Social Security Disability attorney's guidance have a much higher chance of having their claims approved, especially if their claim is complicated and disputed by the SSA. We have helped hundreds of applicants secure the benefits they need, and look forward to helping you next.
Medical Evidence
Presenting strong medical evidence is crucial to support your claim. Medical evidence can include physician’s examination and treatment notes, mental health records, blood work panels, imaging study reports, etc. Comprehensive medical records from your treating physician provide the necessary information for the SSA to judge the nature and severity of your condition. The more thorough your medical records, the better your chances. Be sure to include all conditions you are treating in your claim. For example, if you have both physical impairments and a mental health condition, ensure the mental health condition and its treatment are also included. MCV Law’s Social Security Disability lawyers can help you compile, organize, and present your medical evidence using a strategy that’s specially designed for your condition and its effects on your ability to work. We’re here to strengthen your case, and strengthen your chances of having your claim approved.
Some individuals have conditions so severe that they almost automatically meet Social Security Disability standards. Social Security has a list of compassionate allowances for conditions that qualify for benefits based on minimal evaluation and official medical records. There are fourteen categories of “listed impairments” that SSA considers for faster Disability determinations based on specific medical tests and limitations.
Even if your condition doesn’t meet a listed impairment, you can still win your case if Social Security finds your illness or condition medically equivalent to a related listing.
You can also qualify for Disability benefits if your illness or condition limits your ability to work. Social Security considers how your condition affects your daily activities and work capabilities to determine if you can perform any other type of job.
If you are unsure of your level of potential eligibility, we welcome you to connect with our office. We can provide you with a clear assessment of how likely it is that the SSA will qualify you, and what steps you will need to take to pursue the SSD benefits you need.
The Importance of Having a Lawyer's Guidance
Having strong medical evidence is crucial to support your claim. This includes physician’s examination and treatment notes, mental health records, blood work panels, imaging study reports, etc. Comprehensive medical records from your treating physician provide the necessary information for Social Security to judge the nature and severity of your condition. The more thorough your medical records, the better your chances.
You have the right to representation at all stages of the process. While you can represent yourself, statistics show that individuals represented by experienced Social Security Disability professionals fare better, especially with complex conditions. A knowledgeable Social Security Disability attorney can help formulate a strategy, obtain proper evidence from your providers, and present your case to an ALJ. We only receive a fee if you win your Social Security claim, and this fee is paid directly to us from the SSA. You can rest assured that we will work as hard as possible to be successful in your claim because we only win when our clients win.
Connect with MCV Law today for expert assistance with your Social Security Disability claim appeal process.
How MCV Law Can Help:
- Filing Your Appeal: We will ensure your appeal is filed promptly and correctly to minimize delays.
- Developing a Strategy: Our experienced lawyers will create a strong case strategy tailored to your story and unique situation.
- Gathering Medical Evidence: We will work with your doctors to obtain comprehensive medical reports and evidence.
- Representation at Hearings: Our attorneys will represent you at hearings, protecting your rights and ensuring your case is presented effectively.
- Continuous Support: From the initial application to the final appeal, we will stand by you every step of the way.
Don't navigate the appeals process alone. Contact MCV Law today for a free case evaluation and let our experienced Social Security Disability attorneys help you secure the benefits you deserve.