Request A Reconsideration Online For A Medical Determination
If we recently denied your disability claim for medical reasons, you can request an appeal online.
A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence used in the first determination, plus any new evidence that we obtain or that you submit.
Why You Need A Lawyer For Social Security Disability Appeal
Although it is not required to have a lawyer to appeal a Social Security disability decision, youll have a much better chance of success with your claim if you do.
An SSD attorney can help you determine why your original application was denied. If there were errors on your application or it was incomplete, an attorney can correct these mistakes to help your application be approved during the reconsideration process.
If your appeal goes to a hearing before an administrative law judge, it is important that you speak to an attorney first. These hearings are stressful and have certain procedures that must be followed. An attorney can help prepare you for this hearing so you can be one of the 50 percent of people that are approved during this stage.
Need Help With Social Security Disability
You’ve come to the right place. If you or someone you know is unable to work because of a long-term disability, a social security disability law office can help. Disabled workers may be eligible to receive social security disability benefits from the government.
Use FindLaw to find a social security disability lawyer near you to help guide you through the claims process and resolve any problems that arise with Social Security Disability Insurance claims and SSDI benefits.
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Experienced Ssdi And Ssi Appeals Attorneys
Our attorneys handle over a thousand SSD claims annually. We represent claimants before the SSA at the initial application, on reconsideration, at hearings before the Office of Hearings and Appeals, before the Appeals Council on request for review, before the United States District Court and before the United States Court of Appeals.
Why Should I Hire Berger And Green To Represent Me
Berger and Green has been assisting people in Pittsburgh with disabilities for over 40 years. We have handled thousands of disability cases for many different types of conditions, from mental illnesses to brain injuries. Most importantly for you as a client, our firm has a strong record of successful SSDI and SSI claims and appeals. From the moment we take on a case, we put 100 percent effort into pursuing your benefits.
Our team is genuinely passionate about giving disabled individuals a voice in the federal system and about helping people get the benefits they need and deserve.
One of our clients noted, were just very compassionate and understanding and they let me speak. They let me explain what was going on. They took the time, they took the effort and it was just, you know, a phenomenal experience.
We get to know each of our clients and the struggles they are going through. We truly care about their futures and helping them obtain the best possible outcomes. Take a look at some more of our client reviews to get to know us a little better.
Contact us to obtain a no-cost, no-pressure evaluation of your case with a Social Security disability lawyer at Berger in Green in Pittsburgh. Call us today at 412-661-1400.
Call or text or complete a Free Case Evaluation form
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What Is Social Security Disability
Social Security Disability Insurance is one of the largest of several United States Federal programs with the purpose of providing assistance to persons with disabilities. Workers pay into SSDI out of their paychecks. When a worker suffers an injury or disability, they can file a claim to get benefits if they are no longer able to work. Before a disabled worker can get SSDI benefits, they have to qualify and go through the application process. Unfortunately, some workers are improperly denied benefits and have to turn to a Social Security disability lawyer for legal advice.
What Are My Chances Of Winning The Appeal
Aside from having the necessary medical evidence, your chances may vary depending on the level of appeal and your representation by experienced counsel. According to a study by , only 23 percent of applicants are approved at the initial application stage. For those who present evidence at a hearing, 46 percent end up winning their case. Having a good lawyer really helps, as 50 percent of the respondents in the study with representation won their case after the hearing, compared with 23 percent of those who represented themselves.
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How To Improve Your Chances Of Winning An Ssdi Appeal
If you choose an experienced Florida Social Security disability lawyer to handle your original application, theres an excellent chance that you wont have to worry about a claim denial. Once you receive notice of denial, however, you can take steps to improve your chance of winning an appeal.
The first step is to determine the basis for the denial. Once you make that determination, you can modify your application and documentation to address the deficiencies. This is especially important if you request an ALJ hearing.
Once you determine your Social Security disability hearing status, you must prepare to present your case before the judge. You may be able to improve your chances for an award by having expert witnesses there to testify or by submitting new evidence to support your claim.
An experienced SSDI claim lawyer can handle all these aspects for you. Attorneys understand the system and the laws that apply to your case. They have the resources necessary to build the strongest possible appeal on your behalf.
Common Reasons Ssd Claims Are Denied
There are many reasons your SSD claim may be denied, but some reasons are more common than others. Some of the most common reasons given for denying an SSD claim include:
- You dont meet the basic requirements. These typically have nothing to do with your medical history. Instead, this essentially means that you earn more than the substantial gainful activity limit, or you dont have enough work credits.
- Your medical condition is not severe enough. If you do not meet the SSAs definition of disabled or the condition will not last longer than one year, you will not qualify for SSD.
- You dont follow doctors orders. You must be willing to help yourself and your condition. If the SSA believes that you are not following prescribed treatment plans, it will deny your claim.
- Youre uncooperative with the SSA. Its always in your best interests to cooperate with the SSA. This means releasing your medical files, showing up for consultative exams, and otherwise complying with the SSAs requests.
- The SSA cannot reach you. If you move or change your phone number, you must inform the SSA.
- You dont have enough medical evidence. Medical evidence is crucial in any SSD claim. If you cannot provide enough evidence showing the extent of your condition, your claim will be denied.
- You are in jail. You cannot receive SSDI benefits if you are incarcerated. You can receive them once you are released.
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How To Check Your Status In Ssd Appeal
If you are working with our Kentucky SSD appeal lawyers, we will regularly check the status of your claim and keep you informed about it.
Why Was My Disability Claim Denied
Social Security disability cases can be denied for several reasons. If the Social Security Administration denies your claim, it may be because you did not earn enough work credits to qualify, do not qualify under an exception, or your medical condition is not considered disabling. However, an SSDI claim can be improperly denied for an injured worker because of clerical errors or the SSA employee made a mistake.
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Our Georgia Disability Lawyers Can Help You File An Appeal
Our experienced social security disability lawyers can help you prepare and file an appeal for your case. We also work with you so you will be prepared for any testimony you must provide, as well as gathering the appropriate medical examinations, records, and vocational testimonies to strengthen your claim. Contact our office to schedule a free consultation today.
Do You Have Enough Work Credits For Ssd Benefits
You need to be sure that your application accurately shows that you have worked long enough to qualify for SSD benefits.
Your eligibility for benefits depends partly on the number of work credits you have earned. The most work credits you can earn in a single year are four.
Your application must show that you pass two different types of earnings tests: Recent work test and duration of work test. The number of work credits you need to pass these tests will depend on how old you were when you became disabled.
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Can You Hire A Social Security Disability Attorney After Applying For Benefits
Yes. If you have already started your benefits claim, a Social Security disability attorney can still provide invaluable assistance. For example, if you are waiting for a decision, you can hire a Social Security disability attorney, so theyre ready to assist when you hear back.
However, please note that Social Security disability lawyers wont have much to do until your claim has been determined . If an attorney claims that they can expedite your claim, do not believe them.
Even if your hired attorney gives the Social Security Administration a call, they cant actually force Social Security to expedite the process. In fact, the SSA is more likely to process your claim at the exact same speed it would have before.
Therefore, you could just waste valuable money hiring a Social Security disability attorney after applying for benefits and while waiting for a decision. Its smarter to hire an attorney after you hear back from Social Security one way or the other.
California Social Security Disability Lawyers
Applying for and winning California social security disability benefits is a lengthy process. Only 32.6% of initial social security disability claims are awarded in California compared to 32.1% nationally. If your initial claim is denied, you can submit a Request for Reconsideration. Initial appeals are awarded 11.8% of the time in the state of California and 11.3% of the time nationally. California SSD claims that have been denied a second time can be sent before an Administrative Law Judge at one of seventeen ODAR hearing offices in the state. The hearing offices that serve the largest populations and hear the most cases for the state of California are located in Moreno Valley, Pasadena, San Bernardino, San Diego, Los Angeles Downtown, Los Angeles West, Oakland, Stockton, Sacramento, San Francisco and San Jose.
If your case must go before an ALJ, the process of having your case heard and a decision reached will generally take nearly a year an average of 335 days in the state of California and 349 days nationally. At the hearing level, 60.7% of California SSD cases are awarded, which is a bit more than the 58.3% of cases that are awarded nationally.
The award rates for CA disability cases vary considerably from office to office. The table below provides a list of approval rates and processing times for some of the busier ODAR hearing offices in Northern and Southern California.
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Common Diagnoses With Ssd
- Back Pain Severe or temporary low back pain may last a few days to a few weeks. Intense back pain usually results from trauma to the lower back or a disorder such as arthritis. Trauma to the back may stem from a sports injury, doing household chores or working in the garden, or a car accident.
- NIH Multiple Schlerosis FAQs
Do You Meet The Ssas Definition Of Disability
Your application must also show that you meet the SSAs strict definition of disability. You must show that you have a physical or mental condition that prevents you from working and which is expected to last at least one year or be a terminal condition that will eventually result in death.
When you submit a disability benefits application, it is forwarded to the nearest N.C. Disability Determination Services office. A claims examiner and a medical consultant review your medical information to determine if you meet the eligibility requirement.
You need to make clear to the claims examiner that your condition prevents you from working. If your condition is not on the list of medical conditions that qualify as disabled as a matter of law, you must show that it is at least equal to a listed condition.
Hardison & Cochran can review your medical records and ensure that the most accurate and up-to-date information is provided to those who will make a decision about your disability benefits.
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If I Am Denied Social Security Disability Insurance Or Supplemental Security Income Benefits How Soon Must I Appeal That Decision
Once you have filed your initial application for Social Security benefits, you may receive a Notice of Disapproved Claim. This means that you have been denied Social Security benefits by the Social Security Administration . If you disagree with the SSAs medical decision, you may appeal that decision by filing a Request for Reconsideration. This request must be filed within 60 days from the date that you receive the notice. If you do not meet that deadline, you will need to file the initial application over again or notify the SSA and have a valid reason for your untimely filing.
Is There An Alternative To The Full Application Process
Yes. The Social Security Disability Insurance has an initiative called Compassionate Allowances . This is a process whereby the Social Security office can provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. There are 88 qualifying rare diseases and cancers on the list. Compassionate allowances allow the office to quickly identify diseases and other medical conditions that qualify under the Listing of Impairments, based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals and get their benefits to them.
It is possible that certain members of your family qualify for benefits based on your condition and your previous work.
Those family members include:
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Social Security Appeals Council Lawyer
If you have been denied Social Security disability benefits after a hearing with an Administrative Law Judge, the next step in the appeals process is filing a Request for Review with the Appeals Council. A Social Security Appeals Council lawyer can help you increase your chances of success. Here, we will discuss the Appeals Council process and how the Social Security Appeals Council works.
For Example Lets Assume You Are Age 31 At The Time You Suffered Your Disability:
- Recent work test You will need to have worked for five out of the 10 years leading up to your disability to meet this test. In other words, you will need to have earned at least 20 work credits during that 10-year period.
- Duration of work test To meet this test, you will need to have worked for at least two years. This means you will need to have earned at least eight work credits.
A lawyer from Hardison & Cochran can make sure your work credit information is correct, complete, and communicated correctly to the SSA.
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How Long Does The Federal District Court Take In A Social Security Appeal
How long the Federal District Court takes in a Social Security appeal can vary widely. In most cases, from the time a Complaint is filed until the time briefs are submitted is about six months. Generally, that would be the minimum length of time for a District Court case. Once the case is submitted for decision, it really depends on the complexity of the case and the judges workload.
Sometimes, the decision comes very quickly. Other times, we must wait well over a year for a decision.
District Court judges do not handle Social Security claims only. They handle every type of Federal Court case including criminal cases, tax cases, bankruptcy cases, immigration cases, etc. They are very, very busy. Every judge does their best to get to your case quickly, but sometimes, it does take over a year.
Over Age 50 Now Is The Time To Apply
Millions of people with disabilities apply for Social Security benefits every year. With so many people applying for disability benefits, nearly 70% of Social Security disability applicants are denied at the initial stage. Did you know that your claim may have a higher chance of approval if you’re 50 years old or over? There could be a big advantage to applying after age 50 due to the fact that the SSAs grid of medical-vocational rules tends to be more advantageous for individuals age 50 and older. This is mainly because the SSA recognizes that it can be challenging to be retrained for a new line of work after age 50, especially if you have limited education.
Even though applicants age 50+ may have better chances of getting approved, you might still need help to avoid a denial and lengthy appeals process. If you’re age 50 or older and would like to apply for SSDI benefits, you should speak with a disability advocate or attorney today. A Social Security attorney can determine if you’re eligible for SSDI, help you submit your paperwork to the Social Security Administration, and represent you at a hearing before an Administrative Law Judge, if necessary.
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