We Can Help With Your Disability Benefits Appeal
There are NO UPFRONT COSTS. You don't pay anything unless we win your appeal.
You may be eligible for a substantial amount of backpay.
We Can Help With Your Disability Benefits Appeal
There are NO UPFRONT COSTS, and you don't pay anything unless we win your appeal.
You may be eligible for a substantial amount of backpay.
Get The Disability Benefits You Deserve
Disability eligibility requirements are strict, and nearly two-thirds of initial benefits claims are denied.
While applicants have a right to appeal a denial, achieving a successful outcome depends on working with an experienced disability benefits attorney.
Although you have the right to file an appeal if your claim is denied, you must act quickly because the SSA imposes strict deadlines at each stage of the appeals process. After you receive notice of denial, you must file a request for reconsideration within 60 days of receiving the denial notice.
SSDI is typically denied because the applicant did not have sufficient work credits, there were errors or omissions in the application, or the submitted medical information did not support the claim. The best way to avoid mistakes during the appeal phase is to work with an experienced disability benefits attorney.
Call (855) 437-0064 today to get started on your disability benefits appeal.
Many people who are approved for Social Security Disability Benefits receive a substantial amount of backpay.
We'll Handle Everything
Our processes are designed to increase the likelihood of your claim being approved, and to guide you through the appeals process in the event of a denial.
If your application for SSDI or has been denied, you may have concerns about finding the medical care you need, as well as supporting yourself and your family. We can help to address those concerns by explaining all of your rights, guiding you through the appeals process, and fighting for the disability benefits you deserve.
Background
The Social Security Administration (SSA) offers disability benefits to individuals who are unable to work due to an illness or injury. Nonetheless, they do not make these benefits easily available. Navigating the application process — and the federal bureaucracy — is daunting. Moreover, the eligibility requirements are strict, and nearly two-thirds of initial benefits claims are denied. While applicants have a right to appeal a denial, achieving a successful outcome depends on working with an experienced disability benefits attorney.
Ultimately, you must be able to answer a series of questions about your disability and work history. And you must be able to demonstrate that you have a medical impairment that has lasted, or is expected to last, at least 12 months or is predicted to result in death.
Disability Determination Services
Disability Determination Services (DDS) makes its decision regarding whether to approve or deny your claim by reviewing all the information and medical records included in the initial application. While the SSA maintains a listing of qualifying medical conditions, the DDS will approve or deny your claim regardless of whether your specific impairment is included in this listing. If it is not, you may still be eligible if your condition is medically equal to a listed impairment.
The results of these examinations will weigh heavily in a final disability benefits determination. Once the DDS arrives at a decision, you will be informed of that decision in writing. If your disability benefits claim is approved, the letter will specify:
- The amount of your monthly benefit
- The date benefit payments will begin
- Whether the benefits are retroactive to the date you became disabled
How to Appeal a Disability Benefits Claim Denial
An SSA medical consultant and an examiner who did not participate in the initial decision will reevaluate your application. Generally, a reconsideration claim will only be approved if there has been a new diagnosis or the condition has become more severe. If the reconsideration claim is denied, the next step is to request a disability hearing within 60 days of the denial. The hearing will be presided by an Administrative Law Judge (ALJ).
Unlike a court judge who is appointed or elected, an ALJ is usually an SSA staff attorney who is authorized to uphold or reverse the ruling. The ALJ will ask you a series of questions, under oath, about your disability, your work history, and how the disability affects your daily living activities. It is crucial to be represented by an experienced disability benefits attorney who can arrange for a medical expert to provide testimony in support of your claim.
If the ALJ denies the claim, you have a right to request the Appeals Council to conduct a review. The Council can either overturn the decision, send it back to the ALJ for reconsideration, or deny the claim. If the Appeals Council denies the claim, it may be possible to file a lawsuit in federal court to have the decision overturned.
Back Pay
Backpay and retroactive benefits can mean thousands of dollars for successful disability applicants, which is often more important to applicants than the ongoing monthly benefit.
Because the Social Security Administration takes so long to process disability claims, most people who are approved for disability are owed back payments. In addition, if you are approved for Social Security disability benefits (SSDI), you can get retroactive payments from the time you first became disabled, even if you applied for disability much later.
Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date.
Contact Us To Get Started Today
There are NO UPFRONT COSTS, and you don't pay anything unless we win your appeal.
Although you have the right to file an appeal if your claim has been denied, you must file a request for reconsideration within 60 days of receiving the denial notice.
McDonald Worley Law Firm
The McDonald Worley law office serves clients nationwide. For the people affected, justice and holding the responsible party accountable matters.
The firm is headquartered in Houston with additional offices throughout the U.S. in Los Angeles, San Pedro CA, Westlake Village CA, New York City, Las Vegas, Washington, D.C. and Fort Lauderdale.
In 2012, Newsweek featured McDonald Worley as one of the best trial lawyers in the United States; in 2013, Time Magazine listed McDonald Worley among the nation’s legal leaders. A member of “Leaders Forum” with The American Association for Justice, a prestigious group of trial lawyers, McDonald Worley is here to support you during your time of legal need.
