Get Expert Help with Your Social Security Appeals Process
At Makris Law Firm, we understand how discouraging it can be to have your Social Security Disability claim denied. It can be very disheartening to be denied benefits when you’ve worked your whole life and can no longer work due to a qualifying disability.
If you’ve been denied benefits by the Social Security Administration, you’re not alone. Nationally, only about 35% of applicants are approved on their first try. The Social Security Appeal that follows a denial is a difficult and complex process where deadlines must be met and evidence proving your case must be timely submitted at every appeal stage.
It’s imperative to hire a social security disability lawyer you can trust, like Victor Makris of Makris Law Firm.
Social Security Disability Claim Reviews
Reconsideration For Social Security Disability Benefits
You must request reconsideration within 60 days of receiving your Social Security disability benefits denial letter. This is when a fresh review occurs by someone at the agency who was not involved in the initial denial. During this appeal step, any original evidence, along with any new information you provide, will be re-evaluated. This is the ideal time to submit any new records and additional evidence for your Social Security disability appeal.
Although the approval rate at this stage is low, about 15%, filing for reconsideration is
necessary to be able to request a hearing later. If your reconsideration request is denied, you
must file a Request for Hearing with an Administrative Law Judge (ALJ) within 60 days.
Here's how we can help:
Hearing By An Administrative Law Judge (ALJ)
When your case reaches the hearing office, it usually takes about 6–8 months to get a hearing. Currently, hearings are conducted by telephone. Our Social Security disability attorneys will help gather all your medical records, as the Agency may not do this for you. The hearing office will organize your evidence into exhibits and page numbers for reference during the hearing. The judge may call medical experts and a vocational expert to testify.
You have the right to present evidence and cross-examine witnesses. It is crucial to have legal representation at this stage, as issues not presented to the ALJ may be excluded in later appeals. The national average approval rate at hearing is higher than the Texas hearing approval rate. This makes having an experienced Social Security lawyer even more important.
Appeal To The Appeals Council
If the ALJ denies your case, you may ask the Appeals Council to review the decision. The Appeals Council may return your case to the ALJ for a new hearing. Located in Virginia, the appeal is done in writing, and it is advisable to file a brief stating your legal position and why the ALJ made a legal mistake.
The waiting time is about 6–8 months, and only about 11% of cases are reversed or granted at this level. If the Appeals Council fails to reverse the ALJ's denial, you can file a suit in federal court within 60 days.
Appeal to Federal Court
If you disagree with the Appeals Council's decision, you can file a lawsuit in the Federal District Court. You will need counsel admitted to practice before the U.S. District Court in Texas to represent you. At this level, the U.S. Attorney's office represents the Social Security Administration.
Briefs are filed stating each side's positions, but oral hearings are usually not held. A fair number of reversals are granted at the Federal Court level. After this, you can appeal to the Federal Circuit Court of Appeals and, eventually, the United States Supreme Court, though relatively few cases go this far.
Our Process for Handling Your Appeal
At Makris Law Firm, we do everything we can to turn your disability benefits denial into an approval. Don't let a denial discourage you, because most people are denied. Call us today, and let us help you take the next step towards your goal.
A Quick Conversation And Makris Law Firm Can Start Working For You
Supplemental Security Income (SSI) Appeals
If your application for Supplemental Security Income (SSI) has been denied, you have the right to appeal the decision. SSI provides monthly payments to disabled individuals with limited income and resources. At Makris Law Firm, we accept SSI cases and appeals.
Understanding Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a federal program designed to help aged, blind, and disabled individuals who have little or no income. SSI provides cash to meet basic needs for food, clothing, and shelter. Unlike Social Security Disability Insurance (SSDI), SSI benefits are not based on prior work or a family member's prior work.
Why Was My SSI Claim Denied?
There are several reasons why an SSI claim might be denied
- Insufficient Medical Evidence: Your medical records may not adequately demonstrate your disability.
- Income and Resource Limits: You may have exceeded the income or resource limits for SSI eligibility.
- Incomplete Initial Application: Missing or incorrect information on your application can lead to a denial.
- Non-compliance with Treatment: Failure to follow prescribed medical treatment can result in a denial.
Steps to Appeal an SSI Denial
The appeals process offers multiple opportunities to present new evidence and have your case re-evaluated. Each step is required for your pursuit of benefits, so it’s important to have legal assistance to improve your chances of success.
If your SSI claim is denied, don’t lose hope. The appeal stages of an SSI application are the same as the above for an SSDI application.
Our Social Security Lawyers can handle your:
