SOCIAL SECUITY APPLICATIONS AND APPEALS
Applying for Social Security Disability Insurance (SSDI) and Supplement Security Income (SSI) can be extremely frustrating and confusing without having the advice of counsel. When the Social Security Administration (SSA) reviews an application, they take into consideration a multitude of information, including your past employment, past and present medical history, and your current standard of living.
Very often SSA makes a preliminary determination about an applicant's disability, seemingly without taking into consideration all of the information pertaining to your application. Having an attorney who is experienced in handling these types of applications and appeals, like those at Bailey & Orozco, can allow you to relax, as we work to acquire all of your medical records, review them with you, and organize a coherent and logical argument for the SSA to grant your initial application.
At Bailey & Orozco, we understand how the SSA operates and we can assist in the initial application, the first level appeal should your application be denied and any administrative hearings which may become necessary to win you the benefits you deserve. If supplemental documentation of your condition is needed, we can make suggestions to you as the types of medical specialist you may need to properly prepare and establish the basis for why you deserve the benefits you are applying for.
Levels of Disability Appeals -- Understanding the Process
- Initial application: The initial application is the best place for you to establish why you deserve these benefits. You should try to give as much information as possible so you can avoid the possibility of the SSA denying your initial claim. Providing the proper documentation from the beginning may result in your application being approved without the necessity to appeal. It will also act as the foundation for your appeal if the application is denied.
- First level appeal: Within 60 days of your denial notification you can resubmit your medical records, along with any additional medical information you want to add. It is essential that this appeal be pursued in a timely manner.
- Administrative Hearing Appeal: If your first level appeal is denied, you can request to be heard before an Administrative Law Judge. This is probably the best opportunity for an applicant who has previously been denied to win their appeal. The attorneys at Bailey & Orozco, LLC, have represented numerous individuals before these judges and we understand the arguments that need to be made, how to make them, and how to present the evidence supporting your application, ensuring you the best possible outcome.
- Appeals Council review: You have only 60 days in which to request a review of your case by the Appeals Council after the denial of your administrative hearing appeal. The Appeals Council does not consider new evidence and will only review the material in your file. For this reason alone, it is essential that your application have all documentation in it before this type of appeal becomes necessary.
- Federal Court review: If your case is denied by the Appeals Council, you can file an appeal in the Federal District Court of Appeals. You have 60 days to file this appeal after the denial of your application by the Appeals Council. This is the last and final resort in the appeal process, and more often than not, an application reaching this level is not granted. The Federal Appeals Court will review the transcript testimony from the administrative hearing appeal; and, the evidence in your file, with no new evidence or testimony being introduced.
The administrative Hearing Appeal is a very informal process where your attorney and the judge can ask you questions. Having an attorney will help you prepare to answer these questions. The type of questions are essentially in the form of direct questioning, requiring you to be able to clearly and completely summarize your case, counter any negative information or documentation regarding your case, and guide the judge to a positive outcome resulting in you obtaining the benefits you are asking for.
