If you have suffered a disability in Philadelphia that keeps you from working, your financial well-being can hinge on being approved for Social Security Disability Insurance. So when you receive a denial letter from the Social Security Administration, it can feel devastating. This is not uncommon. A deeper understanding of the SSDI appeal process can make a big difference. Our social security lawyers in Philadelphia can help.
The reality is that nearly two-thirds of all initial applications for SSDI are denied. This not only leaves you in a financially challenging position, but your denial is just the first step in a long and complex appeal process. Having the help of an experienced Philadelphia SSDI attorney will help you navigate the appeal process so you can get the assistance you so desperately need.
What Should Your Next Step Be After a Denial?
When your application for SSDI is denied, you will be required to appeal the decision. But before you begin, it’s important to understand the nature of your denial so you can make the needed corrections or gather additional evidence to ensure better success in your appeal.
Typically, a denial will fall into one of two categories. A technical or non-medical denial will focus on your work history, income, or errors in your application. Medical denials are more common. You may not have provided enough medical evidence of your disability or failed to undergo a required exam. In either case, you will want to address the reason for your denial before you go forward.
Request for Reconsideration
The first step in the SSDI appeal process is called a “request for reconsideration.” In Philadelphia, you will have 65 days to submit this request, which begins your formal appeal.
A request for reconsideration asks Social Security to take another look at your application and reconsider its decision. This first stage is a document submission process and doesn’t require you to have any in-person interaction with representatives of the Social Security Administration. SSA will re-review your application, considering any corrections you’ve made and any new information or supporting evidence you’ve included.
You will likely hear back from the SSA within 100 days. If you receive another denial, you must file a request for a hearing.
Hearing Before an Administrative Law Judge (ALJ)
Your next step in the appeal process will be to request a hearing before an Administrative Law Judge (ALJ).
The ALJ works for the Social Security Administration, whose primary role is to hear disability appeals. The ALJ will take a fresh look at your case and make a decision after reviewing all the evidence, including any new evidence you have submitted since your original application.
In most cases, the ALJ will work in cooperation with a vocational expert to consider any employment you may be capable of. They may also consult with medical experts to understand the nature of your disability and how it affects you.
This is the first time you will be working directly with a representative of the SSA, and this part of the appeal process is the most critical for having the guidance of a knowledgeable and experienced Philadelphia SSDI lawyer, as this stage can have the biggest impact on your SSDI appeal. The experienced team at Silver & Silver can help you make your best case for the ALJ and prepare you to answer complex questions about your disability.
The Appeals Council
If your appeal is denied by the ALJ, you can request that your appeal be heard by the Appeals Council. But the Council will only hear your case under certain conditions, and it rarely overturns the ALJ’s decisions. The main reason to pursue this option is because it is the only way you can take your case to federal court.
Federal Court
Once you’ve exhausted your appeal with the SSA, your final option will be to file a civil claim at the Federal District Court level against the Social Security Administration.
While Silver & Silver has won many cases at the federal court level, it can be a long and expensive process. Consequently, it is in your best interest to win your appeal before getting to this stage. This is why it is critical to get the help of a highly experienced social security lawyers in Philadelphia who can advise and guide you at the time of your initial application or in the earliest stages of your appeal.
Getting Legal Assistance Can Be Critical to a Successful SSDI Appeal
Appealing a SSDI denial is time-consuming and complicated. Appeals can take months or even years to navigate without any guarantees of reversal.
Having the guidance and representation of a Philadelphia SSDI lawyer makes it more likely that your denial will get overturned in the beginning stages of the appeal. At Silver & Silver, our experienced social security lawyers are dedicated to those who need and deserve critical disability benefits. If your SSDI application has been denied, we can help. Call us at (610) 638-7255 or schedule a no-cost consultation on our contact form.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.