If your claim for Social Security disability benefits was denied, you are among friends. Based on current statistics, less than 40 percent of initial claims are approved. There are many reasons why a claim is denied: perhaps your income is too high, or your disability is seen to be short-term; less than one year. Regardless of the reason given by the SSA, many people hire Social Security lawyers in Chicago and appeal.
There are several layers of appeal; this is where Social Security lawyers in Chicago become extremely helpful, without them, winning can be hard.
Appeal stage one: Reconsideration
- The first stage in the appeals process is to ask that the initial decision is reconsidered. The individuals that undertake the review are not those that made the original determination. As nothing has changed, it makes sense that very few denials are overturned at this stage.
Appeal stage two: A hearing
- If your claim is not approved during the reconsideration stage, you have 60 days to request a hearing in the presence of an Administrative Law Judge. If you have yet to hire Social Security lawyers in Chicago, now is the time to do it. Because so many claims are denied, the line to an appeal is a long one; you may have to wait a year or more before you are invited to your hearing.
- Although your lawyer can attend the hearing without you, it is in your best interest to appear. You have an advantage if you do, rather than make a decision based on documentary and verbal presentation; your appearance puts a face to your claim.
If your appeal is denied by the ALJ, you can request a review by the Appeals Council. For the Council to consider your case, there must be ample evidence that there is a flaw in the decision rendered by the ALJ.
After all other avenues have been exhausted and you feel strongly that your application should be approved, you can file suit in a U.S. district court. Very few claims reach this stage; many that were originally denied are overturned after the hearing.
If your claim for disability benefits was not approved, you may wish to consider hiring Social Security lawyers in Chicago to assist with your appeal. For a free evaluation of your case, contact The Law Offices of Rabin, Kodner & Brown.
