Millions of disabled Americans apply for Social Security Disability benefits every year. However, only thirty percent of claimants get approval initially. If the Social Security Administration (SSA) denies your initial claim for disability benefits in Houston, you have multiple opportunities to challenge that decision.
A qualified Houston Disability Attorney can help you evaluate the merits of your claim and determine if you have a reasonable chance of obtaining benefits. Statistics suggest that applicants who seek legal representation have a greater chance of securing approval for disability benefits.
The Appeals Process
Pursuing an appeal is often worth it. The leading reason to appeal is that if the Social Security Administration grants your disability benefits, you will receive payments retroactively – back to your original onset date. The four stages in the appeal process include:
Reconsideration
The first step in the appeals process is a request for reconsideration. Many Houston claimants make the mistake of filing a fresh application rather than filing a request for reconsideration of an existing claim. You must file a reconsideration request within sixty days of receiving the denial letter.
You should provide the SSA with the latest information on your disability or impairment when filing the request. Inform the SSA regarding your adherence to your treatment plan. If you are undergoing any new treatment, let the SSA know about it. Seek a letter from your treating doctors explaining how your disability makes it impossible for you to work and why they believe you should qualify for disability benefits. If your request for reconsideration receives a denial, your disability lawyer will take your case before an Administrative Law Judge at an appeal hearing.
Office Of Hearing Operations (OHO)
Applicants who receive a denial at the reconsideration stage may request a hearing before an Administrative Law Judge (ALJ). You must file a request for a hearing by an Administrative Law Judge within sixty days of receiving the decision on your reconsideration request.
The ALJ hearing is a crucial step in obtaining disability benefits. Applicants may submit additional evidence to the ALJ, including witness testimony.The OHO may contact your medical providers directly for additional evidence.
An experienced disability attorney in Houston can help you collect the information you require to request an ALJ hearing and walk you through every step of the process. The significant advantage of hiring an attorney is that they can prepare you for the ALJ hearing by explaining what you should expect.
During the hearing, the ALJ will question you and any witnesses you and your lawyer bring to the hearing. Your lawyer can also question you and the witnesses present at the hearing. At the hearing’s conclusion, the judge may ask if you would like to make any additional comments about the case. The OHO will send you and your lawyer a written decision within about thirty days.
SSA Appeals Council
If an Administrative Law Judge (ALJ) denies you benefits, you can file a written request with the Appeals Council to review the adverse decision. The Appeals Council has the discretion to uphold the denial, grant disability benefits, return the case to the ALJ for reconsideration if it has errors, or dismiss it. Most applicants use this stage to proceed to the next – sue the SSA in federal court.
Federal Court Review
Very few disability cases ever go to federal courts. When you file a lawsuit against the SSA in U.S. District Court, a federal judge will hear your case without a jury. At the Federal court level, you cannot submit additional evidence. A federal judge reviews only legal errors.
Contact A Houston Social Security Disability Lawyer
If you are denied disability benefits initially, it is essential to stay on course and not miss deadlines throughout the appeal process. At Chermol and Fishman, LLC, our experienced disability lawyers will ensure you meet all appeal deadlines and collect and submit additional medical evidence to support your claim for benefits.
Our compassionate disability attorneys will protect your rights and ensure you get a fair chance at securing disability benefits. Contact us immediately to schedule a free initial consultation.