Disability Process

A majority of Social Security Disability applications are denied by the agency for a number of reasons, including:

• Insufficient or missing medical evidence
• A determination that the applicant can do other work
• A finding that the applicant’s medical condition is expected to improve enough within a year of when it started to allow the person to return to work

Regardless of the reason, most denials should be appealed by applying for reconsideration. The agency will assign your case to a new decision-maker, who will review your claim and consider any new evidence you have to submit (such as updated medical records, forms the agency may not have received or new medical opinions from your doctors). Hiring an experienced law firm to help you through the reconsideration process is essential to making sure that anything missed or done incorrectly on your initial claim is handled properly as part of your appeal.

Getting denied a second time after filing for reconsideration of your Social Security Disability application can be discouraging — but it’s important to be persistent and not give up. The next step in appealing your case is to attend a hearing before a federal administrative law judge. This is the first opportunity to truly present your case to someone in person (rather than just submit evidence and forms) and hope that they find in your favor.

While these hearings are much less formal than a traditional court case, it’s important to present your case in the light most favorable to you. This includes making sure that:

• You know exactly what you need to prove your case
• Medical evidence is submitted in a timely manner
• You know how to answer the judge’s questions
• Doctor’s opinions are included in your file

Preparing for a hearing is just as important as the hearing itself. Missing medical evidence or not knowing what testimony could hurt your case can torpedo your chances of being approved. That’s why it’s extremely important to have an experienced Social Security Disability lawyer in your corner to prepare you and the case.

Even judges can be wrong sometimes. That’s why the Social Security Disability appeals process includes appealing an administrative law judge’s findings to an arm of the Social Security Administration called the Appeals Council. The Council will look at whether or not the judge who decided your case followed the proper rule of law and/or if their decision is supported by the evidence. Appeals to this level should not be taken lightly; proving that a judge didn’t follow the law or that the decision is not supported by the evidence is a high burden that’s extremely difficult to meet without experienced legal help.

The attorneys at RQP Law have vast experience appealing administrative law judge decisions to the Appeals Council and know which arguments do and don’t work to have a judge’s decision overturned.