West Virginia SSD Appeals Lawyer

Receiving a denial for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is discouraging, but it does not mean you are ineligible for benefits. The government may deny many legitimate claims during the initial review, but our experienced Social Security Disability (SSD) attorneys know how to appeal those decisions.

If you have received a denial, now is the time to consider an appeal. This part of the SSD case process gives you another opportunity to present evidence, correct errors, and explain why you qualify for disability benefits. At Berger and Green, our West Virginia SSD appeals lawyer help you build the strongest possible case after a denial of your initial claim.

What Causes SSD Claim Denials?

It is important to understand why the Social Security Administration (SSA) denied your application in order to secure a successful appeal. Each denial notice explains the agency’s reasons for its decision, and those reasons often determine what additional evidence you need to provide.

The SSA denies some claims when it believes the medical evidence does not establish a qualifying disability. Other denials may result from the absence of key records, the applicant’s failure to follow prescribed treatment, or the SSA’s determination that the individual could still work.

Rather than accepting the denial, West Virginia applicants can work with our Social Security Disability appeals attorneys to challenge the outcome. With our help, you may be able to fight for the benefits you deserve.

Levels of SSD Appeal

There are multiple levels of appeal through the SSA. Our SSD appeals attorneys help West Virginia applicants explore each level to determine your path to secure approval.

Reconsideration

The first step is to request reconsideration. At this stage, a different disability examiner reviews your application, medical records, and any new evidence you submit. Reconsiderations are often denied, so many applicants prepare to move on to the hearing stage.

Administrative Law Judge Hearing

If reconsideration is unsuccessful, you may request a hearing before an administrative law judge (ALJ), which allows you to explain your disability in more detail. The judge reviews your medical records, hears testimony from you and any witnesses, and may consider opinions from medical or vocational experts. Unlike earlier stages of the process, you can answer questions directly and explain how your condition affects your ability to work. Having a lawyer at your hearing can make a significant difference, since they can prepare you for questioning, cross-examine expert witnesses, and present your case in the strongest possible way.

Appeals Council Review

If the ALJ denies your claim, you may ask the Social Security Appeals Council to review the decision. The Appeals Council doesn’t hold a new hearing or reweigh the evidence. Instead, it reviews the judge’s decision for legal or procedural errors that may have affected the outcome. If it finds an error, it can send your case back to the ALJ for another hearing, issue its own decision, or, in some cases, deny your request for review altogether..

Federal Court Review

If the Appeals Council declines to review or reverse the denial, you may be able to file a lawsuit in federal court, asking a federal judge to review the SSA’s decision. Very few cases reach this stage. The court doesn’t hold a new hearing; it only examines whether the SSA applied the law correctly and whether substantial evidence supports its decision.

Can an Attorney Help With Your Appeal?

Many people wait until after receiving a denial to contact an attorney. While legal representation helps at any stage, it may be especially valuable during the appeals process. Our West Virginia Social Security appeals attorneys begin by reviewing the SSA’s notice to identify the specific reasons for your claim’s denial. From there, we gather the evidence needed to support your case and help overturn the denial. Berger and Green has over 40 years of experience helping applicants get the benefits they need.