If you do not agree with the Appeals Council’s decision, or the Appeals Council decided not to review your disability case, you have the right to file a civil complaint in Federal District Court. This is the final level of the appeals process. A federal judge will either remand the case or affirm or reverse […]
Should I Appeal My Denied Disability Claim to the Appeals Council?
If your disability claim is denied again after a hearing in front of an administrative law judge (ALJ), you have the right to file an appeal with the Appeals Council. This must be done within 60 days from the date of the ALJ’s decision. The Appeals Council will either grant, deny or dismiss your request […]
Can I Get a Different Disability Examiner to Review My Claim?
Most people who initially apply for Social Security Disability get denied. However, that should not deter anyone from pursuing the disability benefits they need and may be eligible to receive. If your disability claim has been denied by the Social Security Administration (SSA), you have the right to appeal the decision. The first step of […]
Can a Judge Approve My Disability Claim Prior to a Scheduled Hearing?
If you have a strong case for disability, you may be able to request an on the record (OTR) decision from the administrative law judge assigned to the case. With this request, you are asking the judge to review and approve your claim based only on the written medical information provided. In short, it can […]
How Can a Pre-hearing Brief Help My Disability Appeal?
A disability claim often contains hundreds of pages of medical evidence that the Administrative Law Judge (ALJ) is expected to review prior to a hearing. To avoid any evidence being overlooked, a written brief to the ALJ before your hearing can allow you to showcase important evidence, clarify any concerns and help you get better […]
How Do I Request a Social Security Disability Appeal Hearing?
If you were denied benefits after a reconsideration of your disability claim, you have the right to request a Social Security Disability appeal hearing. This can be done in one of three ways. A hearing before an Administrative Law Judge (ALJ) may offer you the best chance at overturning the decision. Below, Dayes Law Firm […]
Status Updates to Expect During the Disability Hearing Process
If your initial and reconsideration disability claims have been denied, you have the right to appeal the decision in a hearing before an Administrative Law Judge (ALJ). However, many claimants do not realize that once you reach a disability hearing at the appeals level, there are several steps that must be taken before and after […]
Can I Get My Social Security Disability Hearing Scheduled Faster?
Most applicants initially denied disability benefits have to wait nearly a year or more to get an appeals hearing scheduled. Other factors may also delay a Social Security disability hearing, such as the availability of an administrative law judge or funding issues. It can be especially difficult to wait on a decision if your disabling […]
Options If You Cannot Appear or Afford to Attend a Disability Hearing
If you have appealed your disability claim and your request for reconsideration was also denied, a hearing before an Administrative Law Judge (ALJ) is the next step. The ALJ will generally hold the hearing within 75 miles from your home. However, this can be a problem for disability applicants who do not live nearby, have […]
How a Lawyer Establishes a Disability Case at an Appeals Hearing
The key to having a successful appeals hearing to obtain disability benefits is ensuring that your claim is fully developed and a clear theory of disability is established to the Administrative Law Judge (ALJ). A theory of disability needs to be well-supported with medical evidence that is consistent with your testimony and presented in a […]