At The Wilmer Law Firm, we help many clients in the greater Phoenix area deal with a denied Social Security claim. As one of the area’s top disability claims appeals law firms, we have many years of experience in getting decisions reversed so that our clients can start receiving benefits to which they are entitled.
There are many steps that you can take in an appeal process.
The first of these is to file a request for reconsideration. Your denial notice will include information about your right to appeal, along with the medical reason you were denied benefits. You and your attorney should contact a local field office to begin a reconsideration appeal. This takes place at a Disability Determination Services level and is performed by a medical consultant and examiner who were not part of the initial decision.
If your claim is denied again, you can request a hearing in front of an Administrative Law Judge. This request must take place within 60 days of the receipt of your denial. ALJs work for the Office of Disability Adjudication and Review. After your hearing, you will be mailed a decision.
If you lose your disability hearing, you can request that the Appeals Council review your case. The Appeals Council randomly selects cases for review and has sole discretion to grant, deny or dismiss your case for review. The Appeals Council usually tries to find a flaw in the ALJ decision before granting a review. Because of this, your chance of winning an Appeals Council review can be challenging.
The final step in the appeals process is to file a lawsuit in U.S. district court. Your attorney will need to do a fair amount of preparation for your case to be heard by a judge. Judges at this level hear disability cases without juries and review cases for legal errors for the most part, although they may also review for factual issues as well. You do have a fair chance of winning in district court, but you must be prepared for the time and expense associated with going this route. Even if you win, it may take years until your case is heard and decided upon.
To explore your possible appeals options, contact The Wilmer Law Firm for a free consultation.
The Wilmer Law Firm serves clients in Phoenix, Mesa, Scottsdale and nearby Arizona communities.