Denials of SSDI claims in Trinity have become so common that it can almost seem like filing an appeal is a standard part of the application process. When the SSA denies an applicant’s claim for benefits, there are several stages of appeals available. However, these appeals must be approached in the correct order and within a strict timetable in order to succeed.
A Trinity SSDI denial lawyer could assist at any stage of the process, whether you have just received a denial letter or have already initiated an appeal. When you work with a skilled personal injury lawyer familiar with SSDI denials, your attorney can advocate on your behalf in pursuit of a fair benefit award.
The Social Security Administration (SSA) oversees the Social Security Disability Insurance (SSDI) program, and the first stage in the process of appealing a denial is handled within the agency. Applicants have four options for appealing a denial, but they must pursue each one in order.
An SSDI denial lawyer in Trinity could assist with any of the four stages:
Applicants must follow proper procedures and meet applicable deadlines to preserve their right to appeal denials.
The SSA may deny an SSDI application for either medical reasons or other reasons, such as lack of work qualifications. Both types of denials may be reviewed through the reconsideration process.
Applicants may apply for reconsideration online and submit additional evidence for staff to review. A Trinity SSDI attorney could help an applicant gather evidence and compile it into a strong case for reconsideration.
The hearing often provides an applicant’s best opportunity to make a case for eligibility. The administrative law judge reviewing the evidence is not restricted by the same standards as agency staff who issued the initial decision and the reconsideration.
However, it is important to gather and present the most persuasive evidence at this stage. A Trinity SSDI attorney could assist with preparation as well as advocacy during the hearing. In many situations, the hearing is the final chance to submit new evidence.
If the administrative law judge denies or dismisses a claim, the applicant may request a review of the decision by the SSA Appeals Council. Review requests must be submitted within 60 days of receipt of the judge’s decision.
An SSDI denial lawyer in Trinity could help establish a reason for the Council to review the decision. If the Council looks at the decision and finds the judge ruled correctly, it may decline the request for a review. If the Council agrees to review a decision, it may issue a ruling or send the case back to the judge for a new decision.
After an applicant has exhausted all administrative remedies, if the outcome is still unfavorable, the case may be appealed to federal court. Because litigants in federal court must comply with strict procedural rules, it is wise to seek representation from a Trinity SSDI denial lawyer for this stage of appeal, if not before.
An applicant must file a federal court appeal within 60 days of receiving the Appeals Council decision. The court will rule on the basis of arguments raised in legal briefs and the evidence presented earlier in the process. After a court review, the court may either grant benefits, uphold the Appeals Council decision, or send the case back for further review.
Workers who are suffering from a disability are usually already disheartened enough without having to deal with denial of their claim for disability benefits. Having an experienced ally in your corner can make the process of appealing a denial much easier to endure.
A Trinity SSDI denial lawyer could help you collect and present the best available evidence to support your claim and secure your benefits. To learn how an SSDI attorney could help in your situation, call now for a consultation.