If you have a medical condition keeping you from returning to work, Social Security Disability Insurance benefits (SSDI) are one option to retain financial security; however, most people receive denial letters after applying for these benefits.
If the Social Security Administration (SSA) denied your initial claim, a Greenville Social Security Disability Appeals lawyer With Pilzer Klein can help. We can submit supplemental medical evidence to bolster your claim, request a reconsideration, and prepare you for a hearing.
Our Social Security disability lawyers in Greenville, SC, can guide you through the application process, as well as the various stages of appealing a denial. We have over 50 years of combined experience with cases similar to yours and offer free initial consultations. Call us now to get started!
Reasons for a Denial of SSDI Benefits
Receiving a denial letter from the SSA for your Disability claim can be incredibly disheartening. After dealing with a debilitating condition and an inability to work, seeing your benefits request rejected feels like a major setback.
Various factors can contribute to a denial of SSDI benefits. For example, an SSA claims representative may decide that your current medical documentation does not satisfy the SSA’s eligibility requirements for the impairment listing you applied for. Even a minor clerical error regarding gainful activity can be enough to cause a denial.
However, you can still potentially overturn the denial through the appeals process. The majority of initial Disability applications are denied, but many claimants go on to win their cases by appealing with the help of an experienced South Carolina Disability attorney.
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864-235-0234How Our Greenville Social Security Disability Lawyer Can Help You Through the Appeals Process
If you received a denial, the first step is to file an appeal within 60 days from the date on your denial letter. Missing this deadline could require you to restart your claim from the beginning.
The appeals system gives you multiple opportunities to present your case before different decision-makers. Our skilled Disability attorney can guide you through each level of appeals.
Requesting Reconsideration by a New Claims Representative
If your initial disability claim is denied, the first level of appeal is to request reconsideration by a new claims representative. This involves having someone new to your case completely review your file and evidence from the beginning.
During the reconsideration phase, it’s important to submit any new supporting medical documentation or tests you may have undergone since initially applying. Our Disability lawyer can help ensure all relevant evidence is included and properly highlighted.
The claims representative reviewing your file will be completely different from the original case examiner. This provides a fresh perspective on reviewing whether you meet Social Security’s definition of disabled and unable to maintain gainful employment.
Attending a Hearing Before an Administrative Law Judge
If the reconsideration is denied, the next step is to request a hearing before an administrative law judge. For many disability applicants, the hearing with an administrative law judge (ALJ) represents the best opportunity to have their case approved. At this stage, you can personally appear before the judge and make your case or attend a Disability hearing over the phone.
Our Greenville SSDI lawyers will carefully prepare you for the hearing, ensuring you understand how to effectively describe your conditions, symptoms, limitations, and inability to work. Our attorney can submit additional evidence, documentation of your work history, and any other relevant exhibits.
The ALJ will also potentially call vocational and medical experts to testify at the hearing. Your lawyer can cross-examine these witnesses if their statements are not fully accurate or representative of your disability.
Requesting a Formal Review by the Social Security Appeals Council
If the ALJ denies your Disability claim, your next avenue is to request a formal review by Social Security’s Appeals Council.
The Appeals Council looks at all requests for review but can dismiss a request if it believes the ALJ’s hearing decision was appropriate. If the Council does agree to review your case, it will either decide the case itself or remand it back to an ALJ for further review and a new decision.
Having legal representation from a skilled Disability lawyer is vital at this stage of the appeals process. Our attorney understands how to highlight any potential errors, abuses of discretion, or lapses of judgment by the ALJ to make a strong case for the Appeals Council review.
Filing for Federal Court Review
If the Appeals Council upholds the ALJ’s decision, our Greenville Social Security Disability attorneys in Greenville, SC, can escalate your case to the final level of appeal. This involves filing a lawsuit in Federal District Court.
To proceed at this level, you must have legal representation from an attorney who has been admitted to practice before the U.S. District Court in your state. Your case will be reviewed by a federal judge who has the authority to potentially overturn the SSA’s denial of benefits.
While federal court appeals are relatively rare compared to the earlier stages, they represent your final opportunity to make your case for why Social Security’s determination was incorrect based on the evidence and the law.
Greenville Social Security Disability Appeals Lawyer Near Me
864-235-0234Why Choose Pilzer Klein to Handle Your Social Security Disability Appeal
Having professional legal representation can make a significant difference at these appeals stages. Our Social Security Disability team in Greenville can:
- Analyze your file
- Gather additional supporting medical documentation
- Prepare you for hearings
- Question any vocational experts called by the SSA
- Advocate for the approval of your rightful benefits
At Pilzer Klein, what makes us different is that our legal team provides compassionate legal care and tailors our legal strategy to suit each client’s circumstances. We understand that you do not have time to waste when medical bills are piling up and you cannot perform gainful activity.
Additional Benefits of Hiring a Social Security Disability Lawyer When Filing an Appeal
While the appeals process can seem daunting if going it alone, you owe it to yourself to exhaust every possible avenue with the help of an experienced Disability attorney before giving up on your claim. What feels like a denied case today could still ultimately result in your Disability benefits being secured.
While you rest and focus on your health and comfort, we can handle the administrative and legal processes to seek the benefits you deserve. This can take the weight of this complicated process off your shoulders while you adjust to living a new normal.
Contact our Greenville Social Security Disability Lawyers today
864-235-0234Call Us Today to Work With Our Greenville Social Security Disability Appeals Attorneys
Don’t let this denial be the end of the road. There are multiple levels of appeals available, and obtaining experienced legal representation can substantially increase your chances of having the initial denial overturned. Your path to Disability benefits may have hit a bump, but it’s far from over.
Whether you need help with an initial application or the appeal process, our South Carolina law firm is here to help. If your injuries or limitations prevent you from coming into our office, we can discuss your case over the phone or make arrangements. Call us today.
Call or text 864-235-0234 or complete a Free Case Evaluation form