As discussed above, only about one third of initial SSDI claims are approved upon filing. This means that applicants should actually expect their claims to be denied and that they will have to appeal. It is important that you know that you can appeal the decision of the Social Security Administration.
Countless applicants miss out on benefits that they may be entitled to receive simply because they did not follow through with the appeals process. When your claim is denied, the Social Security Administration should send you a denial notice. This notice will contain a short description of your case and a brief explanation of why your claim was denied.
Below is a brief discussion of the steps you should take to appeal the denial of your disability benefits. Consulting with a well-informed Chicago disability attorney can help increase the likelihood of success upon appeal and can help ensure that you file the necessary documentation by the required deadlines.
– File a Request for Reconsideration –A Request for Reconsideration is an official Social Security Administration form. The details and deadlines for filing this request will be included on the denial notice. Importantly, applicants have only 60 days to file a Request for Reconsideration, so it is important to act quickly.
– Request Administrative Law Judge Hearing –If your claim was denied after you requested reconsideration, as many are, you can file a request for a hearing with an Administrative Law Judge. According to commonly-published statistics, about half of claimants who go to a hearing win their cases.
– Social Security Appeals Council –The function of the Social Security Appeals Council is to review decisions made by the Administrative Law Judge. If your claim was denied at the prior hearing, you can appeal the decision to this council. If you reach the Social Security Appeals Council and your claim is still denied, you do have the right to appeal the decision in federal court.
The Comerford Law Office has years of experience representing clients at all stages of their SSDI claim. If your claim has been denied, do not panic. We understand the financial pressure you may be under in the absence of receiving benefits. We will guide you through the complex and detailed process of appealing your claim. Contact us today for a free consultation today.
I contacted Jim after my first denial for SS Disability. He was referred to me by a good friend who had retained him for her Disability odyssey as well. My Disability case was somewhat difficult because I didn’t have a nice, large cache of medical documentation to back up my claim. Despite this and other complications Jim helped me get through my hearing and I received a fully favorable decision from the Judge and now I am just waiting to start receiving my benefits,
James is an absolutely great lawyer. He fully understands his area of expertise, he’s quick to answer any questions with clear, concise directions on how to proceed. His insight into understanding how to navigate with many case laws and government agencies helped me as his client better understand the case law and it’s ways. James is quick to answer emails and phone calls, and made me feel very comfortable. I highly, highly recommended James for his case law specialties. A professional and true gentleman, even when I would ramble on with worry, James was very understanding and able to put my concerns at ease.
Jim is absolutely one of the nicest, most compassionate, and intelligent lawyers out there. He is fast to answer any question with clear, concise direction. His insight into understanding how to navigate with many government agencies helps his clients in many ways. Jim is quick to answer emails and calls, and makes his clients feel very comfortable. Highly, highlyrecommended.
Jim is a good lawyer that helped us through a difficult purchase of our home(he also was the lawyer for the sale of our previous home).
We had quite a few issues with the details of the purchase with both the bank and the seller that James made sure were resolved as quickly as possible. When the selling lawyer would not respond to phone calls/emails Jim physically went to the lawyer’s office and made sure that the final details were pushed through.
I would recommend Jim as an attorney as he is very knowledgeable and thorough on the work that he does.
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