You’ve gathered all your medical records and filled out all the forms that were required. But after carefully preparing your application and sending it in on time, you were still denied. What do you do now?
The truth is, more than half the people who apply for benefits are denied the first time they apply. You have the right to an appeal within 60 days, so use it. Don’t assume that a denial is the end of everything, or worse, re-apply without legal help from a disability lawyer.
The Process Of Appeals
Many people assume that a denial is the end of their application and either give up entirely or re-apply. Both are incorrect, and you will lose valuable time and your appeal rights in both scenarios.
There are four steps to the appeals process in Texas, and they have to be done in order.
- Request for Reconsideration—this involves turning in your same paperwork to another SSA representative for review. You can also include additional information that was omitted from your original application. About one out of six people who request reconsideration are approved at this stage.
- The Disability Hearing—you’ll go in front of an administrative law judge who will hear your case and decide if you are qualified for disability. Expert witnesses, such as a medical expert to discuss your condition and a vocational expert that can advise on what kind of work you may be qualified to perform. However, you are allowed to bring witnesses as well as present any new evidence that has come to light since your application or last denial.
- ·The Appeals Council—if the judge denies your request, you can bring your case to the next level. This council consists of administrative law judges that were not involved with your case previously. These judges won’t consider any new evidence, however, they will make sure that the previous judge followed proper laws and procedure in deciding your case.
These judges can either agree with the original judge’s findings or overturn the decision and award your disability benefits. They can also send the case back to the prior administrative law judge with comments about any mistakes made in the case.
- Federal Court Review—this is where you’ll file a lawsuit if you disagree with the decisions of the previous courts.
Why You Need A Disability Attorney
Just applying for disability is complicated and confusing. Going through the process of appeals is even more complicated as well as challenging. Finding an attorney who understands the process and knows what to do will make the process much easier, and increase your chances of winning on appeal.
Call Us For Help With Your Disability Appeal
If you didn’t have legal help with your disability application, don’t leave things to chance. The process can take many months, and in some cases, years. Don’t give up. Let us help you with your appeal and increase your chances of winning.
We’re experienced in handling all types of disability claims and have helped more than 4,000 Houstonians get the disability benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.
