If I Get Denied SSDI Benefits, Should I Hire an Attorney to Appeal the Decision?
While the initial application for SSDI benefits is quite complex, it gets even harder with the appeals process. During both reconsiderations and legal hearings, your case will be heavily scrutinized during an SSDI appeal. To give yourself the best possible chance for success, it’s highly recommended that you hire an attorney for this process.
Many SSDI applicants are concerned about the cost of working with attorneys. While the House of Justice will charge you if your case is approved, these fees are negligible compared to the amount of money lost by being denied benefits. Not to mention the fact that filing an SSDI appeal on your own can be quite time-consuming and stressful.
SSDI attorneys like those at the House of Justice only get paid if your case is successful. Our payment is a one time percentage of your first SSDI check. After this initial payment, 100% of your SSDI benefits are yours to keep for the rest of your life.
Contact the House of Justice for inquiries into SSDI appeals.
Do You Need a Lawyer for a Social Security Reconsideration?
The Social Security Administration (SSA) does not require you to use an attorney for your SSDI appeal. However, having a legal team for your case greatly increases your odds for success. Not only will an attorney help you gather all the required paperwork, but they also represent you in court at appeals hearings.
Top Reasons to Hire a Lawyer for Your Disability Appeals Hearing
Getting your SSDI application approved is no easy process. In fact, about 80% of claims are denied during the first round. When you include the appeals process, only an additional 10% of applications are approved. Whether it be during the initial application or appeals process, your best bet for filing a successful SSDI claim is to work with a skilled disability attorney.
Work History Documentation
The SSA has very specific work history requirements that you must prove to receive social security disability benefits. For example, you must show that you are a legal worker who has paid taxes for at least 5 of the past 10 years. A good lawyer is critical for gathering the correct documents to prove this history – including tax returns, W2s, paystubs, 1099 forms, and more.
Medical Documentation
In order to receive social security disability benefits, you must show the SSA that you have a debilitating illness or injury that keeps you from performing your job. Using documentation such as medical records, test results, and letters from your doctor, a good lawyer will match your medical condition to the stipulations set forth in the SSA Blue Book.
The Blue Book is a document created by the Social Security Administration (SSA) that clearly explains qualifying conditions for SSDI coverage. It is the job of your attorney to match documents provided by medical professionals and facilities with the specific wording in the SSA Blue Book.
Representation at ALJ Hearings
The last phase of the SSDI appeals process is a hearing in front of an Administrative Law Judge (ALJ). No matter your circumstances, it’s always a good idea to have a lawyer on hand when arguing a legal case. With professional representation, there is a much better chance that your SSDI payments will be approved.
What Happens After an SSDI Denial?
While a vast majority of SSDI claims are denied in the first round, there are no limits to the number of claims you can file. In fact, there are multiple avenues you can take if your original SSDI claim was denied.
The most traditional route to take after an SSDI denial is an appeal of your original claim. The first step in the appeals process is filing a reconsideration. If your reconsideration isn’t accepted, you move on to the last step of an ALJ hearing. Please note, you must file a disability hearing request before your case can go in front of a judge. ALJ hearing requests can be quite complicated and generally require legal expertise.
Another option is to file a whole new SSDI claim for the same medical condition used in your original application. While this is a less common route than filing an appeal, going with a whole new claim might be a smart move if your medical condition has changed or advanced dramatically.
What is the SSDI Appeals Process?
If you were denied your original SSDI claim, there is a two-step appeals process available to applicants. Please bear in mind, the SSA appeals process can be lengthy and quite complicated.
Filing a Reconsideration
The first step in the SSDI appeals process is filing a reconsideration. With this phase, you can present new documentation about your medical condition or work history to back your claim. Moreover, a different member of the SSA reviews your application during the reconsideration phase. Ideally, the combination of new documents and fresh eyes on the material will get your SSDI claim approved.
Administrative Law Judge (ALJ) Hearing
If your appeal isn’t approved with a reconsideration, the final step is to bring your SSDI claim to an Administrative Law Judge (ALJ). Prior to the hearing, your attorney should help you prepare to answer any questions that might be posed by the judge.
During an ALJ hearing, your disability attorney should explain to the judge why you qualify for SSDI. Especially if you don’t speak English, having a Spanish-speaking attorney on your side is extremely important in these situations.
When combined with evidence backing your medical condition and work history, the judge will then approve or deny your claim.
What Questions Should I Ask My Lawyer About SSDI Appeals?
While it is always recommended that you work with a disability attorney for an SSDI appeal, not all lawyers are qualified for the job. That being said, there are some important questions you should ask law firms before deciding to hire them:
- What type of experience do you have with SSDI claims?
- Are you familiar with the work history verifications and medical requirements for SSDI claims?
- What is your SSDI claim success rate?
Good attorneys like those at the House of Justice will give you clear and direct answers to your questions.
Contact the House of Justice with SSDI Questions
The House of Justice works on a contingency basis. Since we always have your best interest in mind, you only get charged legal fees in the event that your SSDI claim is accepted.
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