How to win Social Security Disability Benefits

Discussion of the SS Disability Appeal Levels and Process

After an initial application for Social Security Benefits has been denied, there are various appeals that your claim may have to go through.  While you are free to handle these appeals yourself, the majority of claimants who go on to successfully obtain benefits from the Social Security Administration hire a representative to build and prosecute their case for them.  An experienced representative will know exactly how to develop your case file, which helps ensure your chances of success.  Hiring a representative is especially important if your case is before an Administrative Law Judge or the Social Security Administration's Appeals Council.

Appeal 1---Request for Reconsideration.  This is the first appeal and it is filed after an initial claim for benefits has been denied.  The overwhelming majority of requests for reconsideration are denied.  This is likely because they are handled by the same office that made the decision on your initial claim.

Appeal 2---Administrative Law Judge.  This is the second appeal and is filed once the Social Security Administration denies a claimant's request for reconsideration.  This is where most claimants who end up winning their claim are awarded benefits.  That is why it is so critically important that you are adequately represented at this level of your claim.  Right now, the Social Security Administration is experiencing a huge backlog of cases.  Therefore, it can take anywhere from 18-36 months for your case to be adjudicated at this level.  An experienced representative can sometimes speed up the time it takes to get your case decided by an administrative law judge if the circumstances warrant it.

Appeal 3---Appeals Council.  A claimant who is not successful at the Administrative Law Judge level can appeal to the Social Security Administration's Appeals Council in Virginia.  The Appeals Council overturns or remands cases back for a new hearing in only a select number of cases.  Therefore, it is almost a necessity that a claimant be represented by an experienced advocate at this level of appeal.  Doing so, simply ensures your best possible chance for success.  The Appeals Council tries to render decisions on claims within a few months, but depending on the complexity of the case and your appeal, it can take up to 30 months.

Appeal 4---Federal Court.  If benefits have not been awarded to you through any of your previous appeals, then you have the right to sue the Social Security Administration in Federal Court.  It takes approximately one year for the federal courts to render a decision on a Social Security appeal.

Our representatives handle cases through the Appeals Council.  If we are not successful on your case and you decide to sue in Federal Court, then we will refer your case to an attorney who specializes in handling Social Security appeals at the Federal Court level.  Very few of our cases end up at this level, but if they do, then it is important to find an attorney who specializes in this field to ensure your best possible chances of success.

Hire us Today!  There is no fee unless we win your case!

Request for Hearing by Administrative Law Judge

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