Social Security Disability Appeals Lawyer in Asheville

Many Social Security Disability (SSD) applications are denied, but this doesn’t mean you don’t qualify for benefits or that you should give up on your case. An Asheville Social Security Disability appeals lawyer from Pilzer Klein can challenge a denied claim during the appeals stage on your behalf.

Federal laws and complex procedures can make appeals cases difficult to navigate, especially if you don’t have legal experience and need time to manage a health condition. Pilzer Klein’s attorneys have 50 years of combined legal experience that we will use to help you.

You can leave your case in the hands of an Asheville Social Security Disability lawyer. We focus solely on SSD benefits cases and will offer personalized attention from the first day we talk with you about your case. Call us and start with a free consultation today.

Overview of the Social Security Disability Appeals Process

When you receive a denial notice about your SSD benefits claim, you have the right to appeal the decision. The appeals process typically involves several steps:

• Reconsideration: You can request a reconsideration to ask the SSA to take another look at its decision. During this stage, a different person at the SSA will review your claim.
• Hearing by an Administrative Law Judge (ALJ): If the SSA denies your claim during reconsideration, you can request a hearing before an ALJ. Our Asheville Social Security Disability hearings lawyer can represent you at the hearing.
• Appeals Council review: If the ALJ denies your claim, you can ask for the Social Security Appeals Council to review it.
• Federal Court review: If the Appeals Council denies your claim or declines to review it, you can file a lawsuit in federal court.

What Happens During a Social Security Appeals Council Review?

During its review, the Appeals Council examines the ALJ’s decision to determine whether they made any legal errors or if substantial evidence doesn’t support the outcome. 

The Appeals Council can:

• Uphold the ALJ’s decision.
• Send the case back to the ALJ for further review.
• Overturn the decision entirely. 

The council reviews the documents and evidence submitted. In most cases, it does not hold a new hearing. This review ensures the SSA’s rules and regulations were correctly applied in your case. Our firm can provide you with guidance specifically for your case throughout this process.

How Our Asheville SSD Appeals Lawyer Will Fight for You

It can be disheartening to learn the Administrative Law Judge (ALJ) has denied your Social Security Disability (SSD) benefits claim. However, as noted, you can advance and start the appeals process. 

You don’t have to take on this process by yourself. Pilzer Klein’s denied Social Security Disability appeals lawyer in Asheville can file an appeal after a denied claim at the ALJ level. We also can:

• Analyze the ALJ’s decision to identify errors or areas that need more evidence.
• Draft and submit a detailed brief to the Social Security Appeals Council outlining why the ALJ’s decision should be overturned.
• Gather additional medical records, expert opinions, or new evidence that can strengthen the appeal.
• Develop strong legal arguments to challenge the ALJ’s decision, focusing on legal standards and precedents.
• File essential paperwork so we can complete and file all appeal documents and forms accurately and on time.
• Communicate with SSA and the Appeals Council for you.
• Represent you in all hearings, even if a new disability hearing is arranged.
• Monitor appeal status and provide timely updates.
• Advocate in federal court if the Appeals Council denies the claim. We can file a lawsuit in federal court and represent the client throughout the court proceedings.
• Offer ongoing advice, answer questions, and support throughout the process.

From day one, you will have our commitment as we will personally start your case. The sooner we hear from you, the sooner our Asheville Social Security Disability appeals attorney can start working for you. Call us today for a free consultation.

Why Appeals Occur in Social Security Disability Benefits Cases

The SSA denies many initial SSD applications due to insufficient medical evidence or incomplete information. Other reasons include:

• Inconsistent medical records: Discrepancies between different medical reports or between medical records and the claimant’s testimony can lead to a claim denial.
• Not following prescribed treatment: If the claimant has not followed prescribed treatments or attended medical appointments without a valid reason, the claim may be denied.
• Residual functional capacity (RFC) findings: The ALJ may determine the claimant can still perform some work despite their disability.
• Credibility concerns: If the ALJ finds the claimant’s testimony about their symptoms and limitations untrustworthy, they can deny the claim.
• Failure to demonstrate duration: The impairment must be expected to last at least 12 months or result in death; if the applicant does not show evidence of this, their claim may be denied.

Sometimes, claims are denied because the applicant’s impairment is not expected to last at least 12 months or result in death. Missing or incomplete forms or an improperly prepared case can lead to claim denials.

Tips to Prepare for the Appeals Council Review in Asheville

Preparing for the Appeals Council review involves strengthening your case and addressing any issues from the initial denial. Here are tips to help you get ready for this important step in the appeals process:

• Review the ALJ’s decision to understand the reasons for denial.
• Gather additional evidence that supports your case.
• Consult with your lawyer to identify and address any weaknesses in your original application or hearing.
• Meet deadlines and submit your review request and documents within the SSA’s specified time frame.
• Keep all your documents and correspondence organized and easily accessible.
• Familiarize yourself with the Appeals Council review process so you will know what to expect.
• Stay in touch with your Social Security Disability appeals lawyer in Asheville, NC, for updates and guidance throughout the review.

Our Asheville Social Security Disability Appeals Lawyer Can Help — Call Us

If your initial Social Security Disability claim has been denied, don’t give up. You have a right to request reconsideration and then an appeal of the ALJ’s decision if it results in a denial.

Pilzer Klein today to learn how our experienced Asheville Social Security Disability appeals lawyers today for a free consultation. We get paid only if you receive your benefits. We are dedicated to helping you secure the benefits you need and deserve.