Unfortunately, many Californians who apply for disability benefits experience a denial of their application. This can be frustrating and cause people to want to give up. It is important to understand how to appeal a Social Security denial so you can keep pursuing the benefits you need.
At Gade & Parekh, LLP, we’re dedicated to helping our clients understand their rights and the process they have to go through. We help you craft an appeal that considers all the requirements and takes some of the stress of the Social Security Administration’s (SSA’s) red tape off your back.
Your Social Security Appeal Options
Generally, you will have four options to deal with a Social Security denial. You will often follow these steps in order, and you may not have to go through all of them to get the success you’re after.
1. Request for Reconsideration
If your initial application is denied, which happens in about 65% of cases, you can request that the SSA reconsider its decision. When you submit this request, your state’s Disability Determination Services (DDS) agency will assign a new examiner and medical team who did not consider your application previously. This means a fresh set of eyes will be considering your circumstances.
If you have additional proof or changes to your situation, you can also add them at this stage, as it may affect the determination. After a period of waiting, you should get another decision. If you don’t agree with the new decision, you can push to the next step in the process.
2. Administrative Law Judge Hearing
Appealing a reconsidered decision requires having a hearing before an administrative law judge. This can be daunting for many people, especially if you haven’t appeared in court before. However, you can work with a lawyer who understands Social Security Disability Insurance (SSDI) appeal laws to help represent you during this hearing.
During this hearing, the judge will not only consider the previous application, but your testimony and that of relevant witnesses or professionals. It gives you another opportunity to explain your situation and demonstrate how you qualify for disability benefits.
3. Review From the Appeals Council
If the judge doesn’t rule in your favor and you believe you still qualify for benefits, you can request that the SSA’s Appeals Council review the decision. Again, you have the opportunity to add additional information, such as medical records, doctors’ statements, or other expert testimony.
The panel that reviews the case can take a while to reach a decision, and if you still don’t agree with the outcome, you may have another opportunity.
4. Filing With the Federal Courts
A legal claim with the US District Court is typically your last option for appealing a Social Security denial. This will allow the US Circuit Court of Appeals to take a look at the SSA’s decisions thus far and any relevant evidence in the case. They may make a new decision or decide to uphold the SSA’s decision.
Legal Aid in SSDI Appeal Cases
Clearly, even if you know how to appeal a Social Security denial, it can be a difficult and frustrating process. It might also require you to find a Social Security office to bring paperwork to. If you’re in Sacramento, there are a few local ones, including one on Folsom Boulevard. You can make the process easier for yourself by working with a knowledgeable and skilled attorney who can bring their wisdom to your case.
At Gade & Parekh, LLP, we can help you:Â
- Review the reasons the SSA gave for its decision
- Check that you meet the SSA’s disability requirements
- File any type of appeal you’re eligible for
- Gather new documentation to support your case
- Tackle the intimidating hearing environment
You don’t have to deal with the appeals process alone. Our attorneys are here to help you, so you don’t have to stress as much about your case.
FAQs for Sacramento SSDI Lawyers
Q: What Are the Chances of Winning a Social Security Appeal?
A: The chances of winning a Social Security appeal will depend on your circumstances and how much information you provide. On average, about 29% to 33% of applications eventually get awarded. But don’t give up hope. You can hire an SSDI appeal lawyer to help you understand your rights and strengthen your appeal.
Q: Is Lymphedema a Disability Under Social Security?
A: Yes, lymphedema can be considered a disability under Social Security, even if it isn’t explicitly listed in its requirements. It may cause related conditions that are included. It can also be a disability if it significantly limits your capacity to work. These considerations are often made on a case-by-case basis, giving you an opportunity to present your unique situation.
Q: Can I Appeal More Than Once?
A: Yes, you are allowed to appeal more than once. Following the above steps, you have multiple options for appealing the SSA’s decisions. You can also have the option to submit a new application if your former application wasn’t thorough enough and you missed the window to file an appeal. Consult a lawyer to understand all of your options in your specific case.
Q: Do I Need a Lawyer to File an SSA Appeal?
A: No, you do not technically need a lawyer to file an appeal with the SSA. However, working with a lawyer can help you understand why you were denied and how to approach the appeal to make it more likely to succeed. Our firm operates on a contingency basis, so we only get paid if we succeed with your case, reducing the financial risk you would take by working with a lawyer.
Hire an SSDI Appeal Lawyer from Gade & Parekh, LLP
With more than 50 combined years of experience in disability law, the team at Gade & Parekh, LLP, understands how important it is for you to get the benefits you need. We bring a personal, compassionate approach to each case, helping reduce the stress you experience during the SSDI process.
While Social Security benefits are designed to help people with disabilities, the system can be complicated and confusing. We are here to make things easier for the 25% of adults in California who are disabled. We’ve helped clients in Sacramento County, Yolo County, and throughout California.
If you need to file a Social Security appeal, get help sooner rather than later. You don’t want to miss the appeal window. Contact us today to tell us more about your case and schedule a consultation to get started.