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There is no question that receiving a denial for Social Security Disability benefits can be frustrating. If you’re living with a condition that prevents you from working, a denied claim can make it seem like you’re out of options. The good news is that you have the right to appeal your denial, and our skilled SSD attorneys are here to help.
If you’re ready to fight your denied SSDI or SSI claim, we’re prepared to guide you through the case process every step of the way. A Columbus SSD appeals lawyer from Berger and Green helps identify areas of the claim that are lacking, and build a stronger case for benefits.
There are many reasons why the SSA might deny your claim for benefits; and only around 30% of applications are approved on the first try. Some of the most common examples include the following.
Medical evidence forms the foundation of every SSD claim. If treatment records are incomplete, outdated, or fail to document work-related limitations, the SSA may conclude that you haven’t proven you are eligible for benefits. It’s not enough to show you have a serious medical condition, you also need to prove that condition prevents you from working.
The SSA reviews treatment history when evaluating disability claims. There are often legitimate reasons why someone may not receive consistent treatment, but those circumstances should be documented and explained whenever possible.
A diagnosis alone does not qualify a person for SSD benefits. The SSA focuses on whether the condition prevents the applicant from performing substantial work activities.
Errors and omissions can create major problems during the review process. If your application is lacking, you could find yourself facing a denial.
Reconsideration is the first level of appeal after an SSD denial. During this stage, a different reviewer examines the denied claim and evaluates both the original evidence and any new information submitted by the applicant. A Columbus SSD appeals attorney can help you at this stage. During reconsideration, you have the opportunity to supply additional proof, including medical records, test results, and physician opinions. You can also clear up any misunderstandings related to your work history.
If reconsideration results in another denial, the applicant may request a hearing before an Administrative Law Judge (ALJ). This stage of appeals differs significantly from the earlier portions of the process because it allows the applicant to present testimony directly to the judge.
Having an attorney at your ALJ hearing can make a significant difference in the outcome of your case. The judge will ask detailed questions about your medical condition, work history, and daily limitations, and how you answer matters. An experienced attorney knows how to prepare you for this testimony, address weaknesses in your file before the judge raises them, and present your case in a way that aligns with SSA’s legal standards. Having representation also means someone is there to question any vocational or medical experts who testify, ensuring their conclusions accurately reflect your limitations.
If the ALJ denies your claim, you still have options. The next step is requesting a review from the SSA’s Appeals Council, which can affirm the denial, reverse it, or send the case back to the ALJ for another look. If the Appeals Council denies the request or upholds the denial, you can file a lawsuit in federal district court, where a judge reviews the case for legal and procedural errors rather than re-examining the medical evidence. In rare cases, an unfavorable district court decision can be appealed further to the federal circuit court of appeals. Each of these stages has strict filing deadlines, so having an attorney guide you through the process is critical.
The appeals process involves much more than filing paperwork. An appeals lawyer from Berger and Green reviews the denial, identifies weaknesses in the claim, and builds a strategy that’s right for your case.
It’s never in your best interest to try and deal with a denied claim on your own. When you work with our Columbus SSD appeals lawyer, you gain the peace of mind knowing experienced attorneys are working tirelessly to help you get approved. Call today for a free, private consultation.