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- About Us
- Areas We Serve
- Practice Areas
- Resources
- Contact Us
It is common to receive an initial denial of your Social Security Disability benefits. Do not be discouraged by an initial denial. It is not the time to give up. Instead, you can reach out and consult the appeals lawyers at Berger and Green for guidance in Akron, OH. We can review why your claim for benefits was denied, file your appeal on time, and represent you at a hearing before an Administrative Law Judge.
When you call, we can start with a free consultation and walk you through how our Social Security Disability lawyers approach an appeal, gather additional evidence, and fight for disability benefits you deserve.
We can help you at every stage of the process, you can even call with questions before you receive the Social Security Administration (SSA)’s decision about your claim. In fact, our Akron Social Security Disability appeals lawyers can file your initial application on your behalf. We encourage you not to wait and get started on your case as soon as you determine that you will be unable to work for a minimum of 12 months.
If your initial application is denied, your claim denial letter should state a reason why. Something as simple as incomplete contact information on your application can lead to a denial. You could learn your claim was rejected for the following reasons:
Alternatively, you could have received a denial letter because of non-medical issues, which is called a technical denial. That can include:
These reasons don’t necessarily preclude you from making an appeal. In our 40 years of experience, our lawyers have encountered cases with these and other reasons for denial, so don’t assume you’re the exception. We can correct mistakes, meet any deadline, and stay available to those handling your claim to answer their questions.
According to the SSA, you have 60 days to file an appeal. This 60-day period begins from the date the agency notified you that it denied your application. We can prepare and file your appeal paperwork.
From there, our SSD lawyers serving Akron tackle the steps of the appeal process on at a time:
When your application undergoes reconsideration, someone not involved in the first review of your case looks over your application again.
Our SSD appeals attorneys working on your Akron case can file your request for reconsideration. Depending on the denial you received, we’ll send the form to Ohio Disability Determination Services (DDS) or the local Akron office.
If you aren’t approved at the reconsideration stage, we can appeal your denial. The next step is a hearing before an Administrative Law Judge (ALJ). As with the last step, the ALJ is someone who hasn’t reviewed your application before; they look at it with fresh eyes. We can represent you at hearing with an ALJ and tell you how to prepare and what to expect at your SSD hearing.
If the ALJ denies your claim, we can still send your case to the Appeals Council. The Appeals Council will either deny or dismiss your case, uphold the ALJ ruling, or approve your application. Again, we can handle this step of the claims process if we represented you at your hearing with an Administrative Law Judge.
After receiving a denial after the Appeals Council review, the final step in the appeals process is to file a lawsuit in federal district court.
Depending on your disability, work history, and income, you could qualify for either or both types of SSD benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
You must apply separately for each type of benefit, which means you could receive denials for one or both. Our Ohio SSDI/SSI attorneys have experience with denials and can file your appeal at any stage of the claims process.
The difference between SSDI and SSI boils down to your eligibility. SSDI provides benefits for people who have:
By contrast, SSI is based on income and assets. Akron applicants with a disabling condition but do meet the work requirements for SSDI can still apply for SSI if they have low income and limited resources.
When you bring on our firm during the application process and the appeals process, we can outline the differences more specifically in relation to your case.
The work that goes into an appeal isn’t just filling out forms and appearing at hearings or meetings. In fact, our appeals lawyers aren’t just appeals lawyers—we are here to focus on your claim while you focus on your health.
Some logistical support we offer includes:
What’s more, we never forget that you are struggling with a disability, so we respect your time and energy. What’s too often lost in the process of pursuing Social Security Disability benefits is the human element. We remember that you may be struggling and handle your case with patience and compassion.
Berger and Green will not charge you any attorney fees while we work on your case.
We know every relationship is built on trust, and this is one way we lay the foundation for our relationship with you. You pay us only when you receive your benefits.
When you contact our Social Security Disability lawyers about your Akron case, you receive a free consultation. During that time, we will go over your application, the reason for your denial, and our plan to change that. Reach out today to get started.